Where a defendant in a statutory sodomy case argued that his counsel was ineffective for failing to move to strike a potential juror who said that she could not be fair due to having a young granddaughter, and her silence to further questions did not remove or attenuate the bias that she admitted, the denial of post-conviction relief is reversed since the defense counsel’s failure to recall a strategic reason for the decision was not an acceptable explanation.
Judgment is reversed and remanded with directions.
Wadlow v. State (MLW No. 70526/Case No. SD34452 – 8 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from circuit court, Iron County, Parker, J.