What is the effect of a finding that vouching did not occur under state law?
MultiRegion, United States of America
The following excerpt is from Duran v., No. 2:14-cv-0094 JAM GGH P (E.D. Cal. 2015):
To the extent that petitioner believes that an objection would have been appropriate under state law, that avenue is foreclosed in that the appellate court's finding that vouching did not occur under state law is binding on this federal court. And, counsel cannot be found deficient for not engaging in a futile act. Rupe v. Wood, 93 F.3d 1434, 1445 (9th Cir. 1993).
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