Did the panel so clearly misapprehend section 2253's modest standard as to call for summary reversal?

QUESTION PRESENTED Under 28 U.S.C. § 2253(c)(2), a state habeas petitioner is entitled to a certificate of appealability (“COA”) when he raises a “debatable” issue. Buck v. Davis, 137 8. Ct. 759, 774 (2017). Petitioner Rohan McDermott, serving mandatory life without parole for felony murder, raised a freestanding actual innocence claim based on a post-trial confession by the killer, which he argued was enough to prove his innocence given the uncommonly weak prosecution case, a legally insufficient prosecution theory, and an improperly excluded defense witness. Despite his unanswered objections to the district court’s dismissal, a Ninth Circuit motions panel denied him a COA in an unexplained order. Did the panel so clearly misapprehend section 2253’s modest standard as to call for summary reversal? ii CONTENTS PETITION FOR WRIT OF CERTIORARI 0.0.0...