Whether the Ninth Circuit erred in denying a certificate of appealability on Aguilar's claim that the jury instructions relieved the State of the burden to prove the relevant mens rea element for aiding and abetting and conspiracy to commit first-degree murder beyond a reasonable doubt and Aguilar could overcome any procedural bar due to a miscarriage of justice?

QUESTIONS PRESENTED 1. Whether the Ninth Circuit erred in denying a certificate of appealability on Aguilar’s claim that the jury instructions relieved the State of the burden to prove the relevant mens rea element for aiding and abetting and conspiracy to commit first-degree murder beyond a reasonable doubt and Aguilar could overcome any procedural bar due to a miscarriage of justice? 2. Whether the Ninth Circuit erred in denying a certificate of appealability on Aguilar’s claims that he received the ineffective assistance of counsel? i