Did the Court of Appeals err in denying petitioner's application to appeal the denial of his Sixth Amendment ineffective assistance of counsel claims?

QUESTION PRESENTED The federal courts of appeals are deeply divided 5 to 4 over whether a state prisoner has the right to appeal the denial of his federal habeas petition if at least one circuit judge votes to grant appellate review. This capital case petition seeks plenary review of the following question to resolve that entrenched circuit split or, alternatively, an order granting a certificate of appealability so petitioner may appeal the denial of his substantial Strickland v. Washington claims to the Eighth Circuit: Did the Court of Appeals err in denying petitioner’s application, over dissent, to appeal the denial of his Sixth Amendment ineffective assistance of counsel claims?