Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel rendered ineffective assistance of counsel by failing to present the testimony of a toxicologist at trial to refute the prosecution's contention that the alleged victim was 'physically helpless' at the time of the sexual encounter

QUESTIONS PRESENTED FOR REVIEW Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel rendered ineffective assistance of counsel by failing to present the testimony of a toxicologist at trial to refute the prosecution’s contention that the alleged victim was “physically helpless” at the time of the sexual encounter. il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii C.