Whether the Ninth Circuit failed to consider and decide one of the certified claims raised in Rosas's appeal

QUESTION PRESENTED 1. Whether the Ninth Circuit failed to consider and decide one of the certified claims raised in Rosas’s appeal, namely an exhausted argument that Rosas was denied his right to due process when the state trial court refused to bar the State from prosecuting him on the murder charges as a result of a negotiated plea agreement in which the State would drop the murder charges if Rosas passed a polygraph test? 2. Whether there should be an equitable exception to 28 U.S.C. § 2254(d)(1) when the factual record on which the state court issued its merits decision contains an intentional, material misrepresentation from the State? i