Gregory Allen was tried and convicted of trafficking in cocaine for knowingly being in possession of 28 grams or more of cocaine, possession of cocaine with intent to distribute which merged with the first count, and possession of a firearm during the commission of a felony. On appeal, he contends the evidence was insufficient, that his trial counsel was ineffective, and that he was denied a fair trial because the jury foreperson failed to provide truthful responses during voir dire. Construed in favor of the verdict, the evidence shows that, during the execution of a search warrant, authorities arrested Allen and his girlfriend, Erica Fitzgerald, in the house where they lived. The arrest followed several days of surveillance by Officer Greg Junior and others that produced evidence that cocaine was being sold from the house. Fitzgerald pleaded guilty to lesser charges and testified that Allen was her boyfriend at the time and that she was pregnant with his child. She testified that the gun and drugs found in a pillowcase in their bedroom belonged to Allen and that he had brought them to the residence; that Allen sold drugs from the house through an intermediary although he occasionally sold some himself; that the intermediary gave the monetary proceeds to Allen; that Allen was in charge of the selling operation and responsible for providing the drugs; that one man served as a lookout at the house; that she and Allen were in their bedroom where the drugs were found when the officers executed the search warrant; and that the couple met when she herself purchased drugs from him only a couple of months prior to the arrest.
This information was corroborated by other testimony that Allen rented the property; that many people were observed making short —two to five minute —visits to the residence on each of four different days in a two-week span, sometimes at a rate of six to eight people an hour, including on the day the search warrant was executed; that several people were arrested in possession of cocaine after a brief visit to the house; that on two of those days, the officers observed Allen directing people into the house and following them inside; that 37.8 grams of cocaine were found in the bedroom; that a .38 caliber handgun was found in the same bedroom; that Allen had $737 on his person in small bills; that items of clothing seen on Allen, and other clothing matching the size of Allen and Fitzgerald, were found in the bedroom where the drugs and gun were located; and that after execution of the warrant, six more people came to the house asking to purchase cocaine.
