Statutory Interpretation

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7^th Circuit Court of Appeals

Case Name: Muhammad Sarfraz v. Judy P. Smith

Case No.: 17-1279

Officials: WOOD, Chief Judge, and ROVNER and SYKES, Circuit Judges.

Focus: Statutory Interpretation

In December 2010 a Wisconsin jury found Muhammad Sarfraz guilty of sexually assaulting I.N., a Pakistani immigrant who, along with her father, briefly lived with Sarfraz after arriving in this country in late 2009. At trial I.N. described a violent assault in which Sarfraz forced his way into her apartment, strangled her, threatened her with a knife, and raped her. Abundant physical evidence corroborated her account. Sarfraz claimed that I.N. consented to the sexual intercourse.

To support this defense, Sarfraz sought to introduce evidence that he and I.N. had previously engaged in consensual sexual contact while she and her father were living with him. The trial judge excluded this evidence under Wisconsin’s rape-shield law. On appeal Sarfraz argued that the trial judge misapplied the rape-shield law and deprived him of his right to confront the witnesses against him and his right to present a defense. The state court of appeals reversed the conviction, State v. Sarfraz (“Sarfraz I”), 832 N.W.2d 346, 347 (Wis. Ct. App. 2013), but the Wisconsin Supreme Court reinstated it, reasoning that the State’s interest in excluding the evidence outweighed Sarfraz’s interest in admitting it, State v. Sarfraz (“Sarfraz II”), 851 N.W.2d 235, 247–48 (Wis. 2014).

Sarfraz sought federal review under 28 U.S.C. § 2254, again claiming that the judge’s rape-shield ruling deprived him of his confrontation right and his right to present a defense. A magistrate judge denied relief but certified the issue for appeal.

We affirm. The state supreme court specifically noted but did not separately analyze Sarfraz’s federal constitutional claims. That brings into play the Richter presumption, which requires us to treat the decision as an adjudication on the merits and review it deferentially under § 2254(d). Harrington v. Richter, 562 U.S. 86, 99 (2011). Applying that standard, we agree with the magistrate judge that habeas relief is unwarranted. The state court’s decision did not involve an unreasonable application of federal law.

Affirmed

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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.