Whether the Ninth Circuit's ruling denying a certificate of
appealability conflicts with the "debatable" standard from Miller-El u.
Cockrell, 537 U.S. 322, 336 (2003), when, in violation of long-standing
principles of effective representation, Mr. Wagner's attorney failed to
consult with an eyewitness identification expert prior to deciding that
one was not necessary in Mr. Wagner's murder trial, because the
attorney misunderstood the science behind eyewitness identifications
and the potential scope of the expert's testimony.

Whether the Ninth Circuit's ruling denying a certificate of appealability conflicts with the 'debatable' standard from Miller-El v. Cockrell