Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel rendered ineffective assistance of counsel by failing to present the testimony of a toxicologist at trial to refute the prosecution's contention that the alleged victim was "physically helpless" at the time of the sexual encounter.

Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel rendered ineffective assistance of counsel by failing to present the testimony of a toxicologist at trial to refute the prosecution's contention that the alleged victim was 'physically helpless' at the time of the sexual encounter