(1) Defense attorneys must conduct reasonable investigations . Out of twenty one potential witnesses, trial counsel only interviewed McGhee and his friend . In his motion for continuance , which the court denied, counsel wrote , "[McGhee] cannot be effectively represented by me" unless he conducted more interviews . Posttrial evidence shows counse l had located witnesses, but forgot to prepare some paperwork to access them. Should the Ninth Circuit have granted a certificate of appealability ("COA") on McGhee's ineffective assistance of counsel claim ?

(2) Federal courts should not defer to state court decisions based on unreasonable findings of fact. The state court denied McGhee's IAC claim , finding the witness declarations not credible , though it never ordered briefing or a hearing. In federal habeas , the district court also refused a hearing, found the state court findings reasonable , and denied the petition. Should t he N inth Circuit have granted a COA and issued a rema nd to the district court for a hearing?

Whether the Ninth Circuit should have granted a certificate of appealability on the ineffective assistance of counsel claim