McGhee v. Watson

Dist. Ct. did not err in denying defendant’s habeas petition that challenged his murder conviction on ground that his appellate counsel was ineffective for failing to preserve issue regarding his trial counsel’s failure to object to trial court’s error in failing to poll jury on jury’s guilty verdict. While trial court erred in failing to poll jury, defendant had waived issues that his trial and appellate counsel were ineffective for failing to object to trial court’s jury-polling error or failing to raise said error on appeal by failing to raise either issue in habeas petition. Moreover, defendant procedurally defaulted instant issue regarding appellate counsel’s failure to preserve trial counsel’s failure to object to trial court’s jury-polling error, since defendant failed to present said issue through one complete round of state-court review either in direct appeal or post-conviction petition. Fact that defendant had generally alleged that he was victim of ineffective assistance of counsel or broadly challenged underlying polling issue was insufficient to preserve instant issue for consideration by Ct. of Appeals.