Whether the Ninth Circuit erred by denying a certificate of appealability on the question of whether Mr. Marshall's right to be free from double jeopardy was violated when he was sentenced for both robbery and battery with intent to commit robbery?

QUESTIONS PRESENTED 1. Whether the Ninth Circuit erred by denying a certificate of appealability on the question of whether Mr. Marshall’s right to be free from double jeopardy was violated when he was sentenced for both robbery and battery with intent to commit robbery? 2. Whether the Ninth Circuit erred by denying a certificate of appealability on the question of whether Mr. Marshall’s right to due process and a fair trial was violated when the trial court failed to sever the individual counts? ii