Monahan v. Belleque

In this post-conviction relief case, petitioner alleges that his counsel was inadequate for failing to move for a mistrial after the trial court refused to remove a specific juror. That juror had prior personal knowledge of a man, Harding, who was with petitioner during the shooting for which petitioner was convicted. Although Harding’s name was not on the witness lists read to the jury during voir dire and Harding did not testify at trial, reference to his name was made at trial. Thereafter, the juror notified the court that she knew Harding. Subsequently, trial counsel moved to replace that…