Whether a circuit split in procedures for reviewing certificates of appealability constitutes a due process violation and warrants Supreme Court intervention to establish uniform standards

QUESTIONS PRESENTED 1) There is a circuit split among the courts of appeal in the procedures a court applies when reviewing applications for a certificate of appealability. The differing approaches result in widely disparate rulings by circuit. Notwithstanding the rights of the courts of appeal to set their own internal rules, does this disparity and conflict among the circuits rise to a level of a due process violation, and, if so, should this Court intervene and establish uniform standards for the procedural assessment of an application for a certificate of appealability. 2) Does a court of appeals violate due process when it denies a capital defendant a certificate of appealability without a reasoned decision. i