Ware v. State, 321 Ga. App. 640

Ware was convicted of burglary following a jury trial in Georgia.
He moved for a new trial; the trial court denied the motion.
On appeal, Ware challenges a strike for cause and the failure to remove another juror for cause.
Ware also argues his trial counsel was ineffective for not striking the juror who recognized him.
Evidence showed a black male in a blue/black coat entered the victim’s apartment, exited with accomplices and a duffle bag, and Ware was later identified by witnesses.
Police located stolen items at a hotel room; Ware was apprehended and identified at the scene.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred in striking a juror for cause	Ware	Ware	No reversal; trial court's discretion controls
Whether the trial court should have removed a juror who recognized Ware after trial began	Ware	Ware	Waived due to failure to strike; no error to consider on appeal
Whether trial counsel was ineffective for not striking the juror who recognized Ware	Ware	Ware	No ineffective assistance; decisions were tactical and reasonable

Wolfe v. State, 273 Ga. 670 (2001) (deference to trial court's findings on bias)
Felton v. State, 270 Ga. App. 449 (2004) (competent unbiased jury suffices despite erroneous for-cause ruling)
Humphreys v. State, 287 Ga. 63 (2010) (bias not shown; standard for juror disqualification)
Bryant v. State, 288 Ga. 876 (2011) (no reversal where jury is competent and unbiased)
Phillips v. State, 275 Ga. 595 (2002) (trial strategy; appellate review of trial decisions under reasonableness)
Ashford v. State, 271 Ga. 148 (1999) (claim waived when defendant does not challenge juror for-cause removal)
Matiatos v. State, 301 Ga. App. 573 (2009) (counsel's tactical decisions rarely constitute ineffective assistance)
Vega v. State, 285 Ga. App. 405 (2007) (trial counsel may decide not to strike juror based on trial context)