The following excerpt is from Vasquez v. Spearman, No. 2:18cv0073 TLN KJN (HC) (E.D. Cal. 2020):
Accordingly, petitioner cannot show that his constitutional rights were violated by the exclusion, and for the same reasons, he fails to show that counsel was ineffective for failing to press the trial court for a ruling on the evidence's admissibility to prove self-defense. See Rupe v. Wood, 93 F.3d 1434, 1444-45 (9th Cir. 1996) (defense counsel's failure to raise a meritless argument or to take a futile action does not constitute ineffective assistance of counsel). In sum,
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petitioner is not entitled to relief and it is hereby recommended the claim be denied.
E. Cumulative Error
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