Right to Counsel

Defense counsel's failure to object to a closing argument statement which fabricated the victim's last moments prompts relief.

 

Zapata v. Vasquez, 2015 BL 181122, 9th Cir., No. 12-17503

 

     During the closing argument at a murder trial the prosecutor told some fabrications about the victim's last statements based on a "reasonable inference" that they occured the way he described. The defense counsel did not object to the statement made, and the lack of objection entitles the defendant, habeas corpus petitioner, to relief.

 

     The U.S. Court of Appeals for the Ninth Circuit held that the state court's conclusions allowing for the fabricated closing argument based on the idea that "it is always conceivable" that defense counsel would have a reason not to object, were objectively unreasonable under 28 U.S.C. 2254(d)(1).

 

http://www2.bloomberglaw.com/public/desktop/document/Zapata_v_Vasquez_No_1217503_2015_BL_181122_9th_Cir_June_09_2015_C