731 F.Supp.3d 1058
E.D. Wis.2024Background
- Lamont Sholar was convicted in Wisconsin state court in 2013 of armed robbery and burglary, receiving a sentence of 20 years’ confinement plus 8 years’ supervision.
- The State’s case relied heavily on co-defendant Anthony Santiago’s testimony and cell site location information (CSLI) from Sholar’s phone.
- Sholar filed postconviction motions raising claims of prosecutorial misconduct, newly discovered evidence, and ineffective assistance of counsel; after the Supreme Court issued Carpenter, he pursued a Fourth Amendment claim over the warrantless CSLI search.
- State courts denied all his motions, finding that the police had probable cause for the CSLI subpoena and that trial counsel's errors were either unsubstantiated or non-prejudicial.
- Sholar petitioned for federal habeas relief under 28 U.S.C. § 2254, raising four grounds after abandoning one unexhausted ground.
- Respondent moved to dismiss all but the first ground, arguing procedural default and preclusion under Stone v. Powell for the Fourth Amendment claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Procedural default of ineffective assistance | State court didn’t clearly rely on a state procedural bar | State court applied Allen rule, so claims are defaulted | Not defaulted; court didn’t clearly rely on Allen |
| Fourth Amendment/CSLI claim | State process was unfair, and post-Carpenter claim not heard | Sholar had full and fair chance to litigate in state court | Dismissed; full and fair state litigation provided |
| Application of Strickland v. Washington | State court merged state and federal analysis, not procedural | State court’s Machner hearing standard bars review | State decision rested on federal law, not just state |
| Need for federal habeas review of suppression | State courts were intellectually dishonest or factually wrong | Once fair state chance is given, federal review foreclosed | No review; state opportunity was sufficient |
Key Cases Cited
- Coleman v. Thompson, 501 U.S. 722 (1991) (procedural default bars federal habeas unless state court’s reliance is clear and express)
- Harris v. Reed, 489 U.S. 255 (1989) (federal court barred from review only if state court clearly relies on state law)
- Stone v. Powell, 428 U.S. 465 (1976) (federal habeas review of Fourth Amendment claims barred if fair state process)
- Strickland v. Washington, 466 U.S. 668 (1984) (sets standard for ineffective assistance of counsel claim)
- Carpenter v. United States, 585 U.S. 296 (2018) (warrant generally required for government to acquire CSLI)