Did the Ninth Circuit err for failing to grant a certificate of appealability pursuant to 28 U.S.C. § 2253(c)(2) on petitioner's claim that the state trial court's failure to instruct the jury on his affirmative defense violated his right to due process under the Fourteenth Amendment because reasonable jurists would find the claim's merits debatable?

Did the Ninth Circuit err for failing to grant a certificate of appealability pursuant to 28 U.S.C. § 2253(c)(2) on petitioner's claim that the state trial court's failure to instruct the jury on his affirmative defense violated his right to due process under the Fourteenth Amendment because reasonable jurists would find the claim's merits debatable?