Did the Ninth Circuit err in failing to address Sherman's argument that the state appellate courts' factual findings were objectively unreasonable without proper notice or opportunity to present evidence?

are: 1. Did the Ninth Circuit err in failing to address Sherman’s argument that the state appellate courts factual findings made without notice , an opportunity to conduc t discovery , or present evidence were objectively unreasonable in light of the evidence presented ? 2. Does a request for a COA on a n issue require a separate COA request for an argument that formal discovery should have been permitted on the issue as the F irst Circuit and Ninth Circuit held in Sherman’s case , or is such a request already encompassed with in the scope of a request for a COA on the substantive issue as the Fourth, Fifth , Ninth (intra -circuit conflict) , and Eleventh Circuit s have held?