Due Process Violation

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Ahmed Farah Hirsi

Case No.: 2018AP1696-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Due Process Violation

Ahmed Hirsi appeals a judgment, entered upon a jury’s verdict, convicting him of three counts of attempted first-degree intentional homicide, three counts of first-degree reckless injury, three counts of first-degree recklessly endangering safety, and one count of possession of a firearm by a felon.  He also appeals an order denying him postconviction relief. Hirsi contends that: (1) his due process rights were violated, for a number of reasons, by the circumstances surrounding the testimony of his co-defendant; (2) the circuit court improperly admitted certain other-acts evidence concerning a shooting in St. Paul, Minnesota, two days prior to the shooting for which Hirsi was tried in this case; (3) the court improperly admitted lay opinion testimony identifying Hirsi as the shooter in the St. Paul case; (4) the court’s admission of expert testimony concerning the tendency of Somali individuals to distrust law enforcement and to fabricate events in order to avoid retribution within their community constituted plain error;  and (5) a new trial is warranted in the interest of justice because the real controversy was not fully tried.

We agree with Hirsi that certain portions the expert testimony concerning Somali culture violated State v. Haseltine, 120 Wis. 2d 92, 352 N.W.2d 673 (Ct. App. 1984), and its progeny. Further, we conclude that because the error in admitting the testimony was obvious, substantial and fundamental, a new trial must be granted. Consequently, we reverse and remand for further proceedings consistent with this opinion.

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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.