Should a certificate of appealability issue because reasonabl e jurists would debate whether a criminal defendant was deprived of the effective assistance of appellate counsel when she failed to file a reply brief, waived oral argument, and refused to file a petition for rehearing or certiorari even though the Ninth Circuit held the defendant's Fourth Amendment claim was a "close call" and a third judge would have reversed but for a decision that was clearly distinguishable?

Should a certificate of appealability issue due to ineffective assistance of appellate counsel?