Should the Ninth Circuit have denied Marquez's motion for a certificate of appealability on the issue of ineffective assistance of counsel

QUESTION PRESENTED 1. Should the Ninth Circuit have denied Marquez’s motion for a certificate of appealability on the issue of ineffective assistance of counsel, where trial counsel failed to timely object to the introduction of two interview tapes of a minor complainant in a sex abuse case on the grounds that the state did not intend to call the interviewer, Kimberly Goldstien, LCSW, to testify, leading to the playing of the tapes for the jury without any opportunity for the defense to cross examine Ms. Goldstien about her interview techniques and the complainant’s expanding accusations against Mr. Marquez, all to Mr. Marquez’s prejudice. ii