MONAHAN v. BELLEQUE

06C17360; A135830.

227 P.3d 777 (2010)

234 Or. App. 93

Jeremy Adam MONAHAN, Petitioner-Appellant, v. Brian BELLEQUE, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 3, 2010.


Attorney(s) appearing for the Case

Patrick M. Ebbett and Chilton, Ebbett & Galli, LLC, filed the brief for appellant.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Inge D. Wells, Senior Assistant Attorney General, filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and DEITS, Senior Judge.


WOLLHEIM, P.J.

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...

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