Postconviction Relief – Newly Discovered Evidence

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Lamont Donnell Sholar

Case No.: 2019AP1715-CR

Officials: Dugan, White and Graham, JJ.

Focus: Postconviction Relief – Newly Discovered Evidence

Lamont Donnell Sholar appeals from two orders denying his motions for postconviction relief and his judgment of conviction for one count of armed robbery by use of force as a party to a crime, contrary to WIS. STAT. §§ 943.32(1)(a) and (2), 939.50(3)(c), 939.05 (2019-20), and one count of burglary “while unarmed, but armed himself with a dangerous weapon while in the burglarized enclosure,” contrary to WIS. STAT. §§ 943.10(2)(b), 939.50(3)(e), 939.05. Sholar argues that under Carpenter v. United States, 138 S. Ct. 2206 (2018), the police searched his cell site location information (CSLI) in violation of the Fourth Amendment because the police obtained the data by subpoena and not a warrant. Additionally, Sholar argues that the prosecutor engaged in misconduct regarding his co-actor’s plea agreement, that his co-actor’s reduced prison sentence constitutes newly discovered evidence, and that trial counsel provided ineffective assistance of counsel. We reject all arguments and affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.