Paul Zapata v. Rodolfo Vasquez

In 2004, a jury convicted Paul Zapata of first-degree murder in violation of California Penal Code § 187, along with enhancements for committing an offense for the benefit of a criminal street gang and personally discharging a firearm in the course of the offense. He was sentenced to two consecutive terms of 25 years to life in prison. He appealed to the California Court of Appeal, which denied relief in a reasoned opinion, and to the California Supreme Court, which denied review.. Having exhausted those avenues, he filed a habeas corpus petition in federal district court, which the court denied. He appeals that denial, arguing in part that his trial counsel’s failure to object to egregious prosecutorial misconduct during closing argument constituted ineffective assistance of counsel substantially affecting the outcome of his trial. We agree, and reverse the district court and remand the case with instructions to grant Zapata’s habeas petition.

BACKGROUND

In May 2001, shortly after placing a call on a pay phone, a 19-year-old student named Juan Trigueros was shot and killed in a 7-Eleven parking lot on Leavesley Road in Gilroy, California. At the time of the shooting,…