State v. Sholar

The Supreme Court affirmed the decision of the court of appeals affirming the order of the circuit court ruling that Defendant’s trial counsel’s failure to object to an exhibit sent to the jury during deliberations constituted ineffective assistance with respect to only one of the six counts for which Defendant was convicted.On appeal, Defendant argued that all six of his convictions should be vacated due to his trial counsel’s deficient performance and that the State forfeited its right to argue the prejudice prong of the ineffective assistance test at his Machner hearing. In affirming, the Supreme Court held (1) circuit courts reviewing claims of ineffective assistance of counsel following multiple-count trials may conclude that deficient performance prejudiced only one of the multiple convictions; and (2) the State did not forfeit its right to challenge the prejudice prong of the ineffective assistance test when it did not petition the Supreme Court for review following the court of appeals’ original decision remanding for a Machner hearing. View "State v. Sholar" on Justia Law