Whether 28 U.S.C. § 2253(c)(1), F-R.A.P. 22(b) and this Court's decisions in Miller-El v. Cockrell, 537 U.S. 322 (2003), Barefoot v. Estelle, 463 U.S. 880 (1993), and its progeny require a certificate of appealability to issue when a three-judge panel of a court of appeals is split as to whether the issue is debatable among jurists of reason.

Whether 28 U.S.C. § 2253(c)(1), F-R.A.P. 22(b) and this Court's decisions in Miller-El v. Cockrell, 537 U.S. 322 (2003), Barefoot v. Estelle, 463 U.S. 880 (1993), and its progeny require a certificate of appealability to issue when a three-judge panel of a court of appeals is split as to whether the issue is debatable among jurists of reason