Criminal Appeal Case Results

Texas Criminal Appeal Cases

• Client charged in state court with aggravated sexual assault of a child went to trial with another lawyer and was convicted and sentenced to twenty years imprisonment. Represented by Mick Mickelsen on appeal, the client’s conviction was reversed and a new trial ordered. Client later agreed to a sentence of deferred adjudication probation. (July 2012)
• Client charged in state court with aggravated sexual assault of a child went to trial with another lawyer and was convicted and sentenced to sixty years imprisonment. Represented by Clint Broden on appeal, the client’s conviction was reversed and a new trial ordered. The client was later allowed to plead to “time served.” (April 2012)
• Broden & Mickelsen, LLP successfully persuade the Texas Court of Criminal Appeals, (the highest court for criminal appeals in Texas), to unanimously reverse the decision of the lower court of appeals in State v. Ruffin. At issue was the admissibility of mental impairment evidence in the guilt of innocence phase of the trial when the defendant was not squarely putting insanity at issue. The Texas Court of Criminal Appeals rarely rules in favor of the defendant and even more rarely does so by unanimous published decision.
• The Texas Court of Appeals in Dallas reversed the conviction of a man charged with escape because he was not properly charged.

Federal Criminal Appeal Cases

• Sentencing enhancement for being a leader of a drug conspiracy was reversed and client’s
  sentence was reduced by seven years. (September 2014)
• Client charged in federal court went to trial with another lawyer and was convicted of money laundering and sentenced to over 20 years in federal prison. Represented by Clint Broden on appeal, the client’s conviction was reversed and a judgment of acquittal was ordered and the client walked out of prison a free man. (January 2012)
• The client was convicted of distributing obscenity and was sentenced to 30 months imprisonment by United States District Court Judge Barefoot Sanders. The client was represented by Broden & Mickelsen, LLP on appeal and, in 2007, the United States Court of Appeals for the Fifth Circuit reversed the conviction.
• The United States Court of Appeals for the Fifth Circuit reversed the client’s conviction for prison escape based upon an argument from Mick Mickelsen that the trial judge gave erroneous jury instructions at the trial.
• The United States Court of Appeals for the Fifth Circuit reversed the client’s conviction after finding that the District Court erred in denying the pretrial suppression motion filed by Clint Broden on behalf of the client.
• The client was convicted of conspiring to distribute heroin inside federal prison and was sentenced to prison by United States District Court Judge Barefoot Sanders. The client was represented by Broden & Mickelsen, LLP on appeal and the United States Court of Appeals for the Fifth Circuit reversed the conviction.
• The client had been sentenced to fifteen months imprisonment but the United States Court of Appeals for the Fifth Circuit reversed the sentence because the judge incorrectly applied the federal Sentencing Guidelines. As a result, the client’s sentence was reduced from fifteen months imprisonment to probation.
• The client, a school teacher, was sentenced before United States District Court Judge Barefoot Sanders but had his sentenced reversed by the United States Court of Appeals for the Fifth Circuit based upon errors made by Judge Sanders at sentencing.
• Broden & Mickelsen, LLP successfully represented a client on appeal to the United States Court of Appeals for the Sixth Circuit based upon errors by the United States District Court for the Middle District of Tennessee in applying the Federal Sentencing Guidelines.