Ineffective Assistance of Counsel

By: Derek Hawkins//May 30, 2018//

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WI Supreme Court

Case Name: State of Wisconsin v. Lamont Donnell Sholar

Case No.: 2018 WI 53

Focus: Ineffective Assistance of Counsel

Lamont Donnell Sholar seeks review of the court of appeals decision affirming the circuit court’s order ruling that his trial counsel’s failure to object to an exhibit sent to the jury during deliberations constituted ineffective assistance only with respect to one of the six counts for which he was convicted. He contends that his trial counsel’s ineffective assistance should result in vacatur of all six of his convictions. He also asserts the State forfeited its right to argue the prejudice prong of the ineffective assistance test at his Machner hearing because the State did not petition this court for review after the court of appeals’ original decision remanding for a Machner hearing. We affirm.

Affirmed

Concur:

Dissent: ABRAHAMSON, J., dissents (opinion filed).

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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.

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