Court Error – Evidentiary Hearing

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Mohammed A. Maghfour

Case No.: 2019AP1123-CR

Officials: Brash, P.J., Blanchard and White, JJ.

Focus: Court Error – Evidentiary Hearing

This is an appeal from an order denying postconviction relief to Mohammed Maghfour and the underlying judgment of conviction. Following his convictions at a jury trial, Maghfour seeks relief from judgments on two counts of first-degree recklessly endangering safety with use of a dangerous weapon. Maghfour makes two arguments. The first is that an evidentiary hearing is necessary to determine whether he is entitled to a new trial because the State violated one of its discovery obligations under the criminal discovery statute, WIS. STAT. § 971.23(1)(e) (2017-18), by failing to produce a recording of an interview with a witness. We reject this argument because Maghfour forfeited it by failing to raise it in a timely fashion at trial. Maghfour’s second contention is that an evidentiary hearing is necessary to determine whether he received effective assistance of counsel. We conclude that he failed to make a showing sufficient to obtain a Machner hearing.  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.