Does a state appellate court find ineffective trial counsel ineffective by failing to object when the prosecutor asked eyewitnesses whether they had been intimidated by a couple of Vietnamese men?

The petitioner contends that trial counsel was ineffective by failing to object when the prosecutor asked two of the eyewitnesses whether they had been intimidated by "a couple of Vietnamese" who urged them not to tell the police anything. The state appellate court determined that the prosecutor's questions did not amount to a violation of state law. We "must defer to the state court's interpretation of state law." Bueno v. Hallahan, 988 F.2d 86, 88 (9th Cir.1993). Because the prosecutor did not ask the witnesses an improper question, the petitioner's counsel was not ineffective for failing to object.

The petitioner contends that his counsel was unprepared to present an adequate defense. In many instances, the conduct cited as evidence of incompetence is not necessarily unusual. For example, a competent attorney might ask the case investigator for help with witnesses and jury selection. More important, the assertion that defense counsel was not competent and was unprepared for trial is not supported by the record. The only errors that the petitioner alleges his counsel committed are those which we have considered above and rejected. The petitioner fails to overcome the "strong presumption that counsel rendered adequate assistance and exercised reasonable professional judgment in making decisions." Ortiz-Sandoval v. Gomez, 81 F.3d 891, 896 (9th Cir.1996) (citation omitted).