Did the Ninth Circuit Court of Appeals err by failing to issue a C.0.A. to determine if McCoy v. Louisiana applies retroactively to cases on collateral review, and if so, is Carlucci entitled to relief based on McCoy?

QUESTION(S) PRESENTED , , . 1. Did the Ninth Circuit Court of Appeals err by failing to issue a C.0O.A. to determine if McCoy v. Louisiana applies retroactively to cases on collateral review, and if so, is Carlucci entitled to relief based on McCoy? 2. Did the Ninth Circuit Court of Appeals err by failing to issue a C.0.A. to determine if Carlucci received ineffective assistance of counsel (IAC) when trial counsel failed to assert the marital communications privilege? 3. ‘Did the Ninth Circuit Court of Appeals err by failing to issue a C.O.A. to determine if Carlucci received IAC when his attorney failed to properly object to a sentencing enhancement based only on a witness's invocation of Fifth Amendment privilege? . . ‘ e i . : I