In receipt. Thank you. I’m going to review and get back to you. Do you feel competent to do the motion for relief from judgment? If you feel that you can would you provide me an estimate of the hours you would need to spend on the matter?
Do you feel like you are capable of drafting a complaint if I were to provide you with all the facts, an example complaint and access to the applicable law? This is a 1983 matter. Please let me know.
From: Jacqueline Black [mailto:jacquelinerblack@gmail.com]
Sent: Monday, November 14, 2011 7:26 PM
To: Haytham Faraj
Subject: Re: Checking In on Mahfouz case
Dear Mr. Faraj:
Attached please find a memo regarding Mr. Mahfouz's ability to bring a claim. After reviewing the file, it appears that his relief is limited to his ability to file a post-appeal Motion for Relief form Judgment. Provided that he can show (1) his trial counsel failed to inform him of the sex offender registration statute (and he would not have pled had he known of the requirement) and (2) his appellate counsel was ineffective for failing to raise the registration issue, he may have a meritorious claim.We are still within the time frame to file the motion (Michigan does not impose a statute of limitations for a Motion for Relief form Judgment). Please let me know if you have any questions or need any additional information.
Thanks,
Jackie
P.S. I have also attached the Fonville case because it captures Mr. Mahfouz's best chance at winning the motion.
On Thu, Nov 10, 2011 at 8:28 AM, Haytham Faraj <haytham@puckettfaraj.com> wrote:
Did I send you the log in information to the Michigan handbooks and cle website? If not here it is:
Www.icle.org
User: smurdoch
pw: drew4565
Haytham Faraj
Sent from my iPhone
On Nov 10, 2011, at 10:22 AM, Jacqueline Black <jacquelinerblack@gmail.com> wrote:> Dear Mr. Faraj:
>
> I've found a Michigan Court of Appeals case (People of the State of Michigan v. Fonville (Mich. App., 2011)) that held failure to inform a client of his obligation to register as a sex offender constituted ineffective assistance of counsel. I am still in the process of determining whether Mr. Mahfouz has the ability to bring a claim procedurally. I will have a write-up of my findings (in memo form) for you on Monday. Should you need it sooner please let me know.
>
> Thanks,
>
> Jackie