Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Lamont Donnell Sholar

Case No.: 2016AP897

Officials: Brennan, P.J., Brash and Dugan, JJ.

Focus: Ineffective Assistance of Counsel

Lamont Donnell Sholar appeals from a judgment of conviction, following a jury trial, involving five counts of “sex trafficking” and one count of sexual assault. He also appeals an order denying his postconviction motion for relief on the “sex trafficking” counts This is Sholar’s second appeal regarding his conviction. Previously, we reversed the order denying his postconviction motion and remanded the action for a Machner hearing. See State v. Sholar (Sholar I), No. 2014AP1945, unpublished slip op. ¶¶33, 40 (June 30, 2015).  On this appeal Sholar argues that the Machner court erred in its interpretation of Sholar I. He also contends that the outcome of his trial on all six counts was prejudiced because trial counsel was ineffective in allowing an entire exhibit including approximately 1400 text messages and photographs of women and girls in suggestive poses to be given to the jury.  ¶3 After holding a Machner hearing, the Machner court found that although the trial counsel was deficient in allowing the photos and texts to be given to the jury, Sholar suffered only prejudice with respect to the one charge of second degree sexual assault, not with respect to the remaining charges. This appeal followed. For the reasons stated below we agree with the Machner court and affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.