CLINT BRODEN NAMED APPELLATE LAWYER OF THE WEEK

The Texas Lawyer, the statewide legal publication for Texas lawyers, named Clint Broden Appellate Lawyer of the Week in its January 16, 2012 edition.  Clint received the honor for his recent appellate victory in the United States Court of Appeals for the Fifth Circuit.  The Fifth Circuit reversed money laundering convictions against his client as well as his client’s twenty-one year prison sentence.  The Court of Appeals ordered that judgments of acquittal be entered on all charges against his client which will result in the client’s release from custody.  The case is discussed in full in our January 16, 2012 post.

In the past, the Texas Lawyer Appellate Lawyer of the Week has generally been awarded to civil lawyers and it has been rare for a criminal lawyer to be given this honor.  Clint Broden is certified by the Texas Board of Legal Specialization as a specialist in Criminal Appellate Law and frequently handles appellate cases in the various Texas appellate courts and in federal appeals courts throughout the nation.

CLINT BRODEN AND MICK MICKELSEN CERTIFIED IN CRIMINAL APPELLATE LAW BY THE TEXAS BOARD OF LEGAL SPECIALIZATION

Last year the Texas Board of Legal Specialization announced a new specialization in Criminal Appellate Law.  The new specialization was in addition to the specialization already offered in general Criminal Law in order to further distinguish those criminal attorneys with specialization in appellate work.

Clint Broden and Mick Mickelsen were certified in the area of general Criminal Law by the Texas Board of Legal Specialization in 1999.  They have now also become part of the first group of attorneys to be certified in Criminal Appellate Law.  This first group of attorneys to be certified in Criminal Appellate Law by the Texas Board of Legal Specialization was limited to approximately eighty-four attorneys and judges in the entire State of Texas.

In order to be board certified in a particular practice area, an attorney is required to demonstrate expertise in that area by demonstrating his or her experience in the area, his or her continuing education in the area, and obtaining several recommendations from judges and other attorneys who have knowledge of the attorney’s work in that area.  In addition, the attorney is often required to pass a rigorous exam testing his or her knowledge in the practice area.  Only approximately five percent of attorneys are board certified specialists in a particular practice area.

You will find that most, although not all, excellent criminal defense attorneys are board certified in general Criminal Law.  Moreover, most, but again not all, attorneys who have significant experience in representing persons on appeal in criminal cases are certified in Criminal Appellate Law.  We would strongly suggest that, when hiring an attorney, you give strong consideration as to whether the attorney has been certified as an expert in his or her practice area by the Texas Board of Legal Specialization.

Clint Broden and Mick Mickelsen are one of a small group of attorneys that are board certified in both Criminal Appellate Law and general Criminal Law.   Therefore, whether you need an attorney to represent you at trial or on appeal, you will know that both partners at Broden & Mickelsen are among a small number of specialists in both areas.

CLIENT SENTENCED TO 252 MONTHS IMPRISONMENT HAS FEDERAL MONEY LAUNDERING CONVICTIONS REVERSED

Clint Broden of Broden & Mickelsen was hired to represent a client on appeal after the client was convicted of three counts of money laundering in the United States District Court for the Eastern District of Texas.  The client was sentenced to 252 months (21 years) in federal prison.  Even with goodtime credit the client would have served almost 18 years in prison before release.

Broden argued the case before the United States Court of Appeals on November 9, 2011.  He has argued over thirty cases before the various United States courts of appeals including the United States Court of Appeals for the Fifth Circuit, the United States Court of Appeals for the Sixth Circuit and the United States Court of Appeals for the Eleventh Circuit.  Broden is Board Certified in Appellate Criminal Law by the Texas Board of Legal Specialization in addition to being Board Certified in general Criminal Law.

On January 3, 2012, a unanimous three-judge panel reversed the client’s convictions.  It held that the evidence was insufficient to support the convictions and that simply paying money for drugs, even by using financial transactions to hide one’s identity, does not constitute money laundering.  It also ordered that judgments of acquittal be entered so that the client cannot be subject to retrial.

A client who would have been serving almost two decades in prison will be released.  In addition, the government will have to return several hundred thousand dollars worth of property it seized from the client.

When Criminal Defense Lawyers Boast of Impressive Win Records

I’ve spent some time perusing the websites of many criminal defense lawyers and I notice a disturbing trend. Many of them are being less than honest about their “win” rates. It is not uncommon to see lawyers boast that they have won 90% of their cases. This is a great marketing tool. Many potential unsuspecting clients will assume that the State Bar tightly regulates legal advertising and no lawyer would be permitted to make such a claim if it were not true. So the unsuspecting client confronted with a potential prison term thinks to himself, “gee, if I give this lawyer $10,000″ there’s a 90% chance that he or she will ‘win’ my case and I will go free.” Read the rest of this entry »

Criminal Defense Lawyers: Getting What You Pay For

Naturally, when many people are seeking a criminal defense lawyer they look for the most affordable lawyer. If they call around when shopping for a lawyer they may be surprised by the disparity in prices quoted they get from lawyers for handling their case. For example, to handle a DWI some lawyers might insist on a $5,000 retainer and $10,000 to try the case, whereas other lawyers might be willing to “get started” for as low as $750. Given that all lawyers intend to make a good living and must cover the costs of running a law office, how does a lawyer who charges the lowest fee run a successful practice? Read the rest of this entry »

The Trial of Michael Jackson’s Doctor

The trial of Dr. Murray, Michael Jackson’s doctor, is interesting for more than the fact that it relates to Michael Jackson. It presents an interesting issue of relative culpability in the context of a criminal case. Read the rest of this entry »

Troy Davis Case Reveals Big Problem with Ultimate Punishment

Troy Davis was convicted and executed for the murder of Officer Mark McPhail in Savannah, Georgia. During his trial in 1991, seven witness testified that they saw Davis shoot Officer MCPhail, and two others testified that Davis had confessed to them. Read the rest of this entry »

Being Selected One of Dallas’ Best Criminal Defense Lawyers

Recently Clint and I were notified that “D Magazine” had selected both of us as one of Dallas’ best criminal defense lawyers. Of course we are pleased with the honor but what does it really mean? How are such selections made? Read the rest of this entry »

Texas Board Certification in Criminal Appellate Law

Recently Texas has enacted a program to certify specialists in criminal appellate law. There has long been board certification in criminal law, so why is there a need for certification in criminal appellate law? Read the rest of this entry »

Appellate Victory – Medicaid / Medicare Fraud Case

On March 7, 2011, Clint Broden achieved another appellate victory in a Medicaid fraud/Medicare fraud case when the United States Court of Appeals for the Fifth Circuit decided United States v. Isiwele.  Mr. Isiwele was convicted at trial and retained Broden & Mickelsen to represent him on appeal.  Read the rest of this entry »