Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Syed K. Rizvi

Case No.: 2018AP316-CR

Officials: Lundsten, P.J., Blanchard, and Fitzpatrick, JJ.

Focus: Ineffective Assistance of Counsel

Syed Rizvi appeals a judgment convicting him of first degree reckless injury and aggravated battery, as a party to the crime in each instance. Rizvi also appeals the circuit court’s order denying both his postconviction motion to set aside the judgment and his motion to modify the sentence. Rizvi argues that the circuit court erred in rejecting, without an evidentiary hearing, Rizvi’s post-conviction claim that Rizvi’s trial counsel was ineffective for failing to call a witness who averred, after trial, to facts that contradict part of the testimony of a key witness called by the State. We reject this argument because Rizvi fails to allege facts that, if true, show that he was prejudiced by failure of his counsel to call the witness.

Rizvi also argues that the court erred in denying his sentence modification motion, which involves an alleged disparity between the sentences given to Rizvi and another individual. We reject this argument on the ground that Rizvi fails to show that the sentence given to the other individual was highly relevant to Rizvi’s sentence. Accordingly, we affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.