It is rare for the Court of Criminal Appeals to agree unanimously for a writ of habeas corpus of this magnitude
Dallas, TX (PRWEB) April 09, 2014
Today, Broden & Mickelsen, a criminal appeals and defense law firm, announced a unanimous decision in which the Court of Criminal Appeals of Texas granted a writ of habeas corpus (Ex Parte Crews, No. WR-76,141-01).
A writ of habeas corpus is issued if a person is being held in custody in violation of the Constitution. The granting of writ of habeas corpus is unusual, and very few attorneys regularly handle such cases. Such cases are complex, requiring a detailed knowledge of procedure and the applicable law, as well as overwhelming evidence.
In this case, the convicted client had previously been sentenced by a jury to fifteen years in prison for aggravated kidnapping. In March of 2014, Broden filed “the Great Writ,” claiming the trial counsel was ineffective for not objecting to references in the client’s past criminal history. These references included a videotaped interview that jeopardized the defendant’s case (Application of March 12, 2014, pp. 1 – 2, NO. WR-76,141-01).
Though the District Court in Fannin County did find that the trial attorney was deficient, it recommended the writ be denied, because it did not believe the client was prejudiced by his attorney's deficient performance. After a full briefing was ordered by the Court of Criminal Appeals, the Court of Criminal Appeals granted the writ in a unanimous opinion, finding both deficient performance by trial counsel and prejudice. The writ of habeas corpus overturns Broden’s client’s prior conviction and sentence (Application of March 12, 2014, pp. 6 – 9, NO. WR-76,141-01).
“It is rare for the Court of Criminal Appeals to agree unanimously for a writ of habeas corpus of this magnitude,” said Broden. “The Court determines ineffective assistance claims by applying a two pronged test. First, the Court decides if the trial lawyer provided deficient representation. Second, the Court decides if the defendant was prejudiced by such deficient representation. Just receiving a majority is a great accomplishment. Receiving a unanimous decision makes me very pleased.”
About Broden & Mickelsen:
Broden & Mickelsen is a Dallas criminal defense law firm between Clint Broden and Mick Mickelsen. Both attorneys represent clients throughout Texas and nationwide for Federal and Texas crimes. Clint Broden and Mick Mickelsen are board certified in criminal law and criminal appeals, defending clients at all stages of trial.
Broden & Mickelsen have been in practice for over 20 years and are recognized by D Magazine, Super Lawyers and Avvo as top criminal defense attorneys in Dallas.