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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 criminal appeal in federal court. Mr. Isiwele was…
We received a call the other day from a potential client. Her son was charged with aggravated sexual assault of a child. The woman spoke at length about the child’s credibility problems and the possible motivations that child might have to make false accusations against her son. Her son faced life in prison if convicted….
Depositions play a key part of civil cases. In only a few states are they common in criminal cases, and they are extremely rare in Federal criminal cases. However, occasionally the situation arises that a critical witness is unavailable to travel to the criminal courtroom in which the trial is being held. When this occurs…
Yesterday we found out that the Texas Court of Criminal Appeals granted relief to our client Roderick Newton. Mr. Newton was convicted of shooting Jesus Montoya. Allegedly, he and his co-defendant Julian Williams, acted together when they robbed and killed Mr. Montoya. Julian Williams, in exchange for a plea agreement of ten years incarceration, testified…
On October 14, 2010, my client, Gayland Bradford, was scheduled for execution. I began representing Gayland about ten years ago. At that time Gayland had been tried once; had his case reversed on appeal; tried a second time; had his case affirmed on appeal; and had his state petition for a writ of habeas corpus…
We have previously blogged on Defending Child Pornography Offenses in Federal Court. As we explained, federal prosecutors are prosecuting child pornography offenses at an astounding rate both here in the Northern District of Texas and throughout the country. We also discussed the dramatic changes over the years in the federal sentencing guidelines for child pornography….
On October 13th, after five days of trial, a jury in federal court in the United States District Court for the Northern District of Texas returned a “not guilty” verdict for my client who had been charged with defrauding the IRS. The client, along with his two brothers, were charged with conspiring to file false…
What are White Collar Crimes? There was an excellent investigative article the appeared last week in USA Today. The article is entitled “Prosecutors’ Conduct Can Tip Justice Scales”. The article describes what happens when federal prosecutors have a win-at-all-costs approach when their true calling is to do justice. It describes horrific instances of prosecutors hiding…
As a defense lawyer I like to win trials. Given that in felony trials the State wins in front of the jury about 90% of the time, all defense lawyers who have their heart in the job relish a in. Winning a high publicity trial is nirvana. Not only does a lawyer enjoy the win,…
In state court in Texas, plea agreements almost always involve a plea to a certain sentence whether it be a particular term of probation or a particular number of days or months in jail or prison. Like most contracts, each side knows what it is getting and what it is giving up when a defendant…