I. WHETHER THE UNITED STATES NINTH CIRCUIT COURT OF APPEALS ERRED WHEN IT FAILED OR REFUSED TO ISSUE A CERTIFICATE OF APPEALABILITY (COA) ON ONE OR MORE OF PETITIONER'S CLAIMS FOR RELIEF; AND IF SO, WHETHER THIS COURT SHOULD ISSUE A COA ON ONE OR MORE OF PETITIONER'S CLAIMS FOR RELIEF?

II. WHETHER OR NOT REASONABLE JURISTS COULD DIFFER AS TO THE QUESTION OF WHETHER THE U.S. DISTRICT CORRECTLY DETERMINED THAT THE STATE TRIAL COURT'S EXCLUSION OF THIRD-PARTY CULPABILI

Whether the United States Ninth Circuit Court of Appeals erred when it failed or refused to apply the correct legal standard in evaluating the plaintiffs' claims