Did the panel of the Eighth Circuit err by deciding the merit of an appeal not properly before the court to justify the denial of a certificate of appealability

QUESTION(S) PRESENTED | 1 DID THE PANEL OF THE EIGHTH CIRCUIT ERR BY DECIDING THE MERIT OF AN APPEAL NOT PROPERLY BEFORE THE COURT TO JUSTIFY THE DENIAL OF A CERTIFICATE OF APPEALABILITY Ir DID THE PETITIONER MAKE A SUBSTANTIAL SHOWING THAT HIS CONSTITUTIONAL RIGHTS WERE VIOLATED i