Dallas Criminal Defense Attorneys BRODEN & MICKELSEN LLP | Federal Cases, State Cases & Criminal Appeals

Appeals & Habeas: Dallas Criminal Appeals Lawyers

Dallas Criminal Appeals Lawyers – Broden & Mickelsen

Board Certified Criminal Appellate Attorneys 

Dallas Criminal Appeal Lawyers Broden & Mickelsen partners each have decades of experience representing clients in criminal appeals for federal courts and Texas courts of appeals. Most criminal appeal attorneys have experience in only a few courts, we, however, have defended clients in appellate courts throughout the State of Texas and in Federal courts of appeals around the country. In addition, we have filed numerous Petitions for Writs of Certiorari with the United States Supreme Court.

Most criminal defense lawyers do not have an active appellate practice. Even fewer are certified by the Texas Board of Legal Specialization in both criminal trial law and criminal appeals. When hiring a criminal appeals lawyer, always make sure that the attorney devotes a significant amount of time to representing people whose cases are on appeal. About half our practice at Broden & Mickelsen involves appellate and post-conviction work.

In addition to being certified in criminal appellate law, if you are appealing a federal criminal conviction it is imperative that you hire an attorney who regularly practices in the federal courts of appeals. The federal appeals system involves a narrow area of law in which few criminal appellate attorneys do practice.

Top Appellate Lawyers in Texas

The fourteen Texas courts of appeals hear both civil and criminal cases appealed from the district or county level. Any case that involves a death penalty is automatically appealed in Texas and goes directly to the Texas Court of Criminal Appeals. The Texas Court of Criminal Appeals is located in downtown Austin and is the highest criminal court in the state.

APPELIATE COURTS

Houston
First Court of Appeals of Texas

Texarkana
Second Count of Appeals of Texas

Austin
Third Court of Appeals of Texas

San Antonio
Fourth Court of Appeals of Texas

Dallas
Fifth Court of Appeals of Texas

Fort Worth
Sixth Court of Appeals of Texas

El Paso
Eighth Court of Appeals of Texas

Waco
Tenth Court of Appeals of Texas

Eastland
Eleventh Court of Appeals of Texas

Corpus Christi
Thirteenth Court of Appeals of Texas

Houston
Fourteenth Court of Appeals of Texas

 

Experienced in Federal Criminal Appeals Throughout the United States

We will match records for winning appeals in federal court against any firm.

List of Published Opinions from Appellate Cases Handled by Broden & Mickelsen

2015 - 2018

United States v. Brown, 898 F.3d 636 (5th Cir. 2018)

United States v. Heard, 891 F.3d 574 (5th Cir. 2018)

United States v. Oti, 872 F.3d 678 (5th Cir. 2017)

United States v. Nanda, 867 F.3d 522 (5th Cir. 2017)

United States v. Jackson, 849 F.3d 54 (3d Cir. 2017)

United States v. Holley, 831 F.3d 322 (5th Cir. 2016), cert. denied, 137 S.Ct. 2118 (2017)

United States v. Mahmood, 820 F.3d 177 (5th Cir.), cert. deneid, 137 S.Ct. 122 (2016)

United States v. Bowen, 818 F.3d 179 (5th Cir.), cert. denied, 136 S.Ct. 2477 (2016)

2010 - 2015

Ex Parte Fujisaka, 472 S.W.3d 792 (Tex. App. 2015)

United States v. Rodriguez-Lopez, 756 F.3d 422 (5th Cir. 2014)

Ladd v. Stephens, 748 F.3d 637 (5th Cir. 2014)

Scott v. Stephens, 748 F.3d 609 (5th Cir. 2014)

United States v. Simpson, 741 F.3d 539 (5th Cir. 2014)

United States v. Hughes, 741 F.3d 539 (5th Cir. 2013)

Wiseman v. State, 394 S.W.3d 582 (Tex. App. 2012)

Hayes v. State, 373 S.W.3d 775 (Tex. App. 2012)

Jessop v. State, 368 S.W.3d 653 (Tex. App. 2012)

Cobb v. Thaler, 682 F.3d 364 (5th Cir. 2012)

In re M.P.A., 364 S.W.3d 277 (Tex. 2012)

United States v. Miller, 666 F.3d 905 (5th Cir. 2012)

United States v. Isiwele, 635 F.3d 196 (5th Cir. 2011)

2005 - 2010

United States v. Alston, 626 F.3d 397 (8th Cir. 2010)

Foster v. Thaler, 607 F.3d 391 (5th Cir.), cert denied, 131 S.Ct. 822 (2010)

Williams v. State, 290 S.W.3d 473 (Tex. App. 2009)

Slough v. State, 279 S.W.3d 409 (Tex. Crim. 2009)

United States v. Ogba, 526 F.3d 214 (5th Cir. 2008)

Ruffin v. State, 234 S.W.3d 224 (Tex. App. 2007), rev=d, 270 S.W. 3d 586 (Tex. Crim. App. 2008)

Fischer v. State, 235 S.W.3d 470 (Tex. App. 2007), rev=d, 268 S.W. 3d 552 (Tex, Crim. App. 2008)

Grisso v. State, 264 S.W.3d 351 (Tex. App. 2008)

Flowers v. United States, 560 F.Supp.2d 710 (D. Ind. 2008)

United States v. Gharbi, 510 F.3d 550 (5th Cir. 2007)

Horn v. Quarterman, 508 F.3d 306 (5th Cir. 2007)

United States v. McDowell, 498 U.S. 308 (5th Cir. 2007)

United States v. Shum, 496 F.2d 390 (5th Cir. 2007)

United States v. Scroggins, 485 F.3d 824 (5th Cir.), cert denied, 128 S.Ct. 324 (2007)

United States v. Caver, 470 F.3d 220 (6th Cir.), cert. denied, 127 S.Ct. 1921 (2007)

United States v. Fuchs, 467 F.3d 889 (5th Cir. 2006), cert. denied, 127 S.Ct. 1502 (2007)

United States v. Garza, 448 F.3d 294 (5th Cir. 2006)

United States v. Ragsdale, 426 F.3d 765 (5th Cir.), cert. denied, 546 U.S. 1202 (2006)

2000 - 2005

Wilson v. State, 170 S.W.3d 198 (Tex. Crim. App 2005)

United States v. Saldana, 427 F.3d 298 (5th Cir 2005)

Ex parte Rodriquez, 164 S.W.3d 400 (Tex. Crim. App. 2005)

United States v. Scroggins, 411 F.3d 572 (5th Cir 2005)

United States v. Dotson, 407 F.3d 387 (5th Cir 2005)

Sample v. Morrison, 406 F.3d 310 (5th Cir 2005)

United States v. Scroggins, 379 F.3d 233 (5th Cir. 2004), cert. granted, 125 S.Ct 1062 (2005)

Mosley v. Dretke, 370 F.3d 467 (5th Cir 2004)

United States v. Miles, 360 F.3d 472 (5th Cir 2004)

United States v. Reinhart, 357 F.3d 521 (5th Cir. 2004)

United States v. Wells, 262 F.3d 455 (5th Cir. 2001)

1995 - 2000

Blevins v. State, 18 S.W.3d 266 (Tex. App. 2000)

United States v. Principe, 203 F.3d 849 (5th Cir. 2000)

Matthew v. Johnson, 201 F.3d 353 (5th Cir.), cert. denied, 112 S.Ct. 291 (2000)

Chambers v. Johnson, 197 F.3d 732 (5th Cir. 1999)

United States v. Ramirez, 174 F.3d 584 (5th Cir. 1999)

United States v. Hogue, 132 F.3d 1087 (5th Cir. 1998)

United States v. Sullivan, 112 F.3d 180 (5th Cir. 1997)

United States v. Wells, 101 F.3d 370 (5th Cir. 1996)

United States v. Schinnell, 80 F.3d 1064 (5th Cir. 1996)

Clark v. Collins, 870 F.Supp. 132 (N.D. Tex. 1994), rev=d sub nom., Clark v. Scott, 70 F.3d 386 (5th Cir. 1995), cert. denied sub nom., Clark v. Johnson, 116 S. Ct. 1444 (1996)

1990 - 1995

United States v. Meeks, 69 F.3d 742 (5th Cir. 1995)

United States v. Underwood, 61 F.3d 306 (5th Cir. 1995)

United States v. Wadley, 59 F.3d 510 (5th Cir. 1995), reh=g denied, 83 F.3d 108 (5th Cir.)
(Wiener, J., dissenting from denial of reh=g en banc), cert. denied, 117 S.Ct 240 (1996)

United States v. Jackson, 50 F.3d 1335 (5th Cir. 1995)

United States v. Green, 46 F.3d 461 (5th Cir.), cert. denied, 515 U.S. 1167 (1995)

United States v. Bell, 46 F.3d 442 (5th Cir. 1995)

United States v. Fadipe, 43 F.3d 993 (5th Cir. 1995)

United States v. Wilson, 36 F.3d 1298 (5th Cir. 1994)

United States v. Smithers, 27 F.3d 142 (5th Cir. 1994)

United States v. Gross, 26 F.3d 552 (5th Cir. 1994)

United States v. Murphy, 996 F.2d 94 (5th Cir. 1993)

United States v. Voda, 994 F.2d 149 (5th Cir. 1993)

United States v. Wangler, 987 F.2d 228 (5th Cir. 1993)

Dallas Habeas Corpus & Post Conviction Criminal Appeals Lawyers Broden & Mickelsen

A person convicted in state court can bring a habeas corpus action in the Court of Criminal Appeals, pursuant to Article 11.07 of the Texas Code of Criminal Procedure at any time after a conviction.

A habeas corpus petition is like a lawsuit. The defendant must prove to the court that his conviction or sentence is unlawful, or that he or she is demonstrably innocent of the crime. Usually a habeas petition involves presenting the court with new evidence, and often involves an assertion that the original attorney on the case made a significant error in his or her representation of the defendant. .

A habeas corpus petition is presented to the trial court in which the case was first heard. That court makes a recommendation whether to grant the petition or not. The Texas Court of Criminal Appeals in Austin makes the final decision. If the trial court recommended denying the petition, the Texas Court of Criminal Appeals will rarely grant the petition If the trial court recommends granting the petition, the Texas Court of Criminal Appeals will closely review the case and sometimes still deny the petition

If the Texas Court of Criminal Appeals denies the petition, a defendant may file a petition in Federal court pursuant to 28 USC 2254 so long as the Federal petition is filed within the strict deadline or statute of limitations for filing the Federal petition. Essentially the Federal deadline runs from one year after the final direct appeal is denied in State court, minus the amount of time the State habeas petition was pending in State court.

If a defendant was convicted in Federal court, the defendant files the habeas petition first in Federal court pursuant to 28 USC 2255 in the district in which the defendant was convicted. The defendant has one year after being sentenced to file the petition, or one year after appeal was final if the defendant appealed his conviction.

The Federal court will almost always refer a Federal habeas petition to Federal magistrate judge for resolution. If the Federal court denies the petition the denial may be appealed.

With few exceptions, a defendant may only file one habeas petition. Many inmates file pro se petitions, often with the help of a “jail house” lawyer and squander their last hope for gaining relief from the courts.

Most criminal appeals lawyers have little or no experience representing clients in habeas corpus proceedings. Broden & Mickelsen handles many Texas State habeas corpus cases as well as Federal Court habeas cases per year. For example, the firm has won a habeas proceeding that resulted in the vacating of a client’s seven-year sentence for aggravated assault. The firm won a writ of habeas corpus petition vacating a client’s conviction for aggravating kidnapping and releasing him from a fifteen-year imprisonment sentence. In addition, the firm won a habeas proceeding in which the client was serving a thirty-year sentence that resulted in the client’s sentence being reduced to fifteen-years imprisonment.

Dallas Criminal Appeal Lawyers Broden & Mickelsen charges a fee in order to evaluate the merits of a habeas claim since there are only limited grounds for relief in such proceedings. For that fee, we will review the case and conduct whatever investigation and research is necessary. Only if we find a valid basis to claim the client’s conviction or sentence is unlawful do we charge an additional fee for litigating the habeas petition.

Call Broden & Mickelsen Post Conviction Attorneys | Habeas Corpus Lawyers

FAQs for Federal Appeals

I was Convicted Following a Trial in Federal Court. Can I File an Appeal?

If you went to trial and lost your case, you have an absolute right to file a direct appeal to the Court of Appeals. For example, convictions in federal courts in Texas, Louisiana and Mississippi are appealed to the United States Court of Appeals for the Fifth Circuit which sits in New Orleans. Generally an attorney is looking for the following when looking for issues to appeal: (1) an error made by the judge; (2) an error that was objected to by the
defense lawyer at trial and (3) an error that might have affected the trial. It is also possible to appeal the application of your Sentencing Guidelines in Federal Court.

I accepted a Plea Bargain in Federal Court. Can I file an Appeal?

In most cases a defendant waives his or her right to appeal if they enter a Plea Agreement in federal court. You will need to review your Plea Agreement to determine if you waived your right to appeal.

I accepted a Plea Bargain in Federal Court. Can I appeal?

Yes, if you pled guilty in federal court without a plea agreement, you can appeal your sentence if you believe that the judge miscalucuated your sentencing guidelines or imposed an unreasonable sentence.

How Long Do I Have to File an Appeal in Federal Court?

In federal court, you must file a Notice of Appeal within fourteen days of the written sentencing judgment in your case.

How Long Will My Appeal Take in Federal Court?

There is no general answer that applies to all cases with respect to how long you can expect your appeal to take and it often depends on whether or not there was a trial and how long the trial lasted. You should expect a federal appeal to take at least several months and quite possibly more than a year.

Do I Have to Report to Federal Prison While My Appeal Is Pending?

In mostly all federal cases you must begin serving your sentence while your appeal is pending. Nevertheless, Broden & Mickelsen have had some success in the past filing a Motion for Release Pending Appeal which allowed our client to remain on release pending appeal.

I Have Lost My Appeal in Federal Court. Can I ask the Supreme Court to Hear My Case.

If you have lost your appeal in federal court, you have ninety days to ask the United States Supreme Court to hear your case by filing a Petition for Writ of Certiorari. Keep in mind, however, that the Supreme Court agrees to hear less than one percent of the cases it is asked to hear and usually those cases involve important constitutional issues that have applicability to numerous cases rather than just one individual case.

FAQ About Criminal Appeals in Texas State Court

I Disagree with the Outcome of My Trial. Can I File an Appeal?

If you went to trial and lost your case, you have an absolute right to appeal. Generally, to be successful in getting the appeals court to give you a new trial, your attorney will need to be able to show that the trial court made a mistake in your case. The court of appeals does not act a second jury and simply overturn the verdict.

Can I Appeal Even If I Accepted a Plea Agreement?

In most cases, waiving your right to an appeal is a condition of accepting a plea agreement, also known as a plea bargain.

However, you might still be able to file an appeal if you filed a written motion such as a suppression motion which was denied, or you reserved the right to appeal, or if your appeal turns on the question of whether the lower court had proper jurisdiction to handle your case.

How Long Do I Have to File an Appeal?

Under Texas law, you must file a notice of appeal no later than 30 days after your sentence, although if you filed a Motion for New Trial you have 90 days from the date of your sentencing to appeal. If you miss this deadline, you may be barred from filing an appeal.

How Long Will My Appeal Take?

There is no general answer that applies to all cases with respect to how long you can expect your appeal to take. Each case is different. Because appeals cases tend to be complicated, you should expect your case to take at least several months and quite possibly more than a year.

What Happens if I Lose My Appeal?

Once the appellate court has made its decision, you may ask for a rehearing. However, this almost never granted. You also have the right to to file a Petition for Discretionary Review with the Court of Criminal Appeals asking it to hear your case.

If you lose at the Court of Criminal Appeals, the next step may be to file a Petition for Writ of Certiorari in the United States Supreme Court. These are granted in extremely few cases that raise important Constitutional questions.

What Kind of Judge Will Consider my Appeal?

In the Texas criminal justice system, there are 14 appeals courts. Each of these courts has a panel of judges with at least three judges presiding over every appellate case.

Do I Have to Stay in Prison While My Appeal Is Pending?

You are entitled to be released on bond pending your appeal if your sentence was less than ten years imprisonment. Nevertheless, for convictions for certain violent offenses you are not entitle to bond pending appeal regardless of the sentence.

What Happens If I Win My Appeal?

In almost every instance your case will start over at the trial court level. If the prosecution believes that in light of the error that caused the case to be reversed that it does not have enough remaining evidence to obtain a conviction, it may decide to drop its case against you. In that situation, you would no longer face prosecution. Otherwise, you might enter a more favorable plea bargain or choose a retrial.

I was Convicted Following a Trial in Federal Court. Can I File an Appeal?

If you went to trial and lost your case, you have an absolute right to file a direct appeal to the Court of Appeals. For example, convictions in federal courts in Texas, Louisiana and Mississipp are appealed to the United States Court of Appeals for the Fifth Circuit which sits in New Orleans. Generally an attorney is looking for the following when looking for issues to appeal: (1) an error made by the judge; (2) an error that was objected to by the trial court and (3) an error that might have affected the trial. It is also possible to appeal the application of your Sentencing Guidelines in Federal Court.

I accepted a Plea Bargain in Federal Court. Can I file an Appeal?

In most cases a defendant waives his or her right to appeal if they enter a Plea Agreement in federal court. You will need to review your Plea Agreement to determine if you waived your right to appeal.

I accepted a Plea Bargain in Federal Court. Can I appeal?

Yes, if you pled guilty in federal court without a plea agreement, you can appeal your sentence if you believe that the judge miscalucuated your sentencing guidelines or imposed an unreasonable sentence.

How Long Do I Have to File an Appeal in Federal Court?

In federal court, you must file a Notice of Appeal within fourteen days of the written sentencing judgment in your case.

How Long Will My Appeal Take in Federal Court?

There is no general answer that applies to all cases with respect to how long you can expect your appeal to take and it often depends on whether or not there was a trial and how long the trial lasted. You should expect a federal appeal to take at least several months and quite possibly more than a year.

Do I Have to Report to Federal Prison While My Appeal Is Pending?

In mostly all federal cases you must begin serving your sentence while your appeal is pending. Nevertheless, Broden & Mickelsen have had some success in the past filing a Motion for Release Pending Appeal which allowed our client to remain on release pending appeal.

I Have Lost My Appeal in Federal Court. Can I ask the Supreme Court to Hear My Case.

If you have lost your appeal in federal court, you have ninety days to ask the United States Supreme Court to hear your case by filing a Petition for Writ of Certiorari. Keep in mind, however, that the Supreme Court agrees to hear less than one percent of the cases it is asked to hear and usually those cases involve important constitutional issues that have applicability to numerous cases rather than just one individual case.

Difference Between an Appeal and an Application for Writ of Habeas Corpus