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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
> 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
Attachment:
Mahfouz Memo Final Draft.doc
Description: MS-Word document
Attachment:
People of the State of Mich. v. Fonville.pdf
Description: Adobe PDF document