Whether the Ninth Circuit's ruling denying a certificate of appealability conflicts with the 'debatable' standard from Miller-El v. Cockrell

QUESTIONS PRESENTED 1. Whether the Ninth Circuit’s ruling denying a certificate of appealability conflicts with the “debatable” standard from Miller-El v. Cockrell, 537 U.S. 322, 336 (2003), when, in violation of long-standing principles of effective representation, Mr. Wagner's attorney failed to consult with an eyewitness identification expert prior to deciding that one was not necessary in Mr. Wagner’s murder trial, because the attorney misunderstood the science behind eyewitness identifications and the potential scope of the expert’s testimony. 1