Whether the Eight Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in denying the Motion to Vacate where Mr. Bernhardt made a prima facie showing of prosecutorial-misconduct is irreconcilable with this Courts' precedent, such that this Court should remand to the United States Court of Appeals for the Eighth Circuit with instructions to issue a certificate of appealability?

QUESTIONS PRESENTED Whether the Eight Circuit’s denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in denying the Motion to Vacate where Mr. Bernhardt made a prima facie showing of prosecutorial misconduct is irreconcilable with this Courts’ precedent, such that this Court should remand to the United States Court of Appeals for the Eighth Circuit with instructions to issue a certificate of appealability? Whether the Eight Circuit’s denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in denying the Motion to Vacate where Mr. Bernhardt made a prima facie showing that he was deprived of the effective assistance of counsel in connection with his trial is irreconcilable with this Courts’ precedent, such that this Court should remand to the United States Court of Appeals for the Eighth Circuit with instructions to issue a certificate of appealability? « : .