CA7 — memorandum disposition

Leflord v. Pollard, No. 06-1826 — The court affirmed the denial of a § 2254 petition claiming ineffective assistance of counsel.  During voir dire at the petitioner’s trial for reckless homicide during a police chase, a member of the venire explained he had been attacked on a city bus.  The petitioner’s lawyer got the juror to explain that he felt vulnerable and intimidated during the attack.  The juror also explained that he had a close friend who was a police officer, but that that would not affect his deliberations.

The petitioner claimed that he was denied his right to trial by an impartial jury.  The court ruled this claim to be procedurally defaulted because the petitioner did not raise it in state court.

He also claimed that trial counsel was ineffective for failing to strike the juror.  After following up on a potential source of bias, the lawyer made the strategic decision not to strike him.  That strategic decision was entitled to deference under Strickland.  Accordingly, the state courts did not unreasonably reject the claim.