Evidentiary Hearing

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Marwan Mahajni

Case No.: 2017AP1184-CR

Officials: Sherman, Blanchard, and Fitzpatrick, JJ.

Focus: Evidentiary Hearing

Marwan Mahajni appeals a judgment convicting him of kidnapping and second degree sexual assault following a jury trial, as well as a subsequent order denying a post-conviction motion for a new trial without holding an evidentiary hearing. Mahajni makes the implied argument that he is entitled to an evidentiary hearing to give him an opportunity to prove that jurors received extraneous prejudicial information during deliberations, which would entitle him to a new trial. He bases this argument on affidavits from two jurors who aver that a bailiff told jurors during the period of jury deliberation that a deadlock on any count was not an option.

We conclude that the circuit court erred in failing to grant the evidentiary hearing that Mahajni requested in a motion for reconsideration, because the juror affidavits constitute an allegation that at least one juror received extraneous prejudicial information and Mahajni is entitled to a new trial if this allegation is proven by clear and convincing evidence. Accordingly, we reverse the court’s denial of Mahajni’s motion for reconsideration and remand for an evidentiary hearing.

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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.