Zapata v. Vasquez

California (defendant) charged Paul Zapata (plaintiff), a Norteños gang member, with murdering Juan Trigueros, who was killed in Norteños territory while wearing clothing associated with the rival Sureños. In closing argument, the prosecutor told the jury it could infer that the last words Trigueros heard were the shooter yelling vulgar, ethnically charged epithets-though no evidence supported that. Zapata's attorney did not object, and the jury convicted. Zapata sought federal habeas relief.

Whether a prosecutor may ask the jury to draw an inference that the evidence does not rationally support, and whether defense counsel's failure to object to such an argument constitutes ineffective assistance of counsel.