Representative Cases
Denver Criminal Law Representative Cases
Over the past two decades Patrick Mulligan has successfully tried every type of criminal case from DUI to first-degree murder in courtrooms throughout the state of Colorado. Not only is he a skilled trial lawyer, but he is also experienced and successful in handling appeals and post-conviction (Rule 35c) litigation. If you are facing Colorado criminal charges, contact the firm to discuss your case today.
Below is a sampling of cases Patrick has successfully handled in recent years.
Trials
People v. Matthew J.
In this recent case, the Defendant was charged with a second DUI offense, and faced a mandatory county jail sentence. Through the skillful use of expert witness testimony, Mr. Mulligan was able to demonstrate to the jury that the Intoxalyzer machine used to test the Defendant’s breath sample was unreliable. The jury found the defendant Not Guilty.
The Curious Case of Thomas B.
In this recent 2010 case, the defendant, Mr. B., was charged with 18 separate counts. Seven of the 18 were designated as “Crime of Violence” charges. A single Crime of Violence charge carries with it a mandatory, aggravated prison sentence. Over the course of over 18 months of pre-trial litigation, and through the skillful use of pre-trial motions, Attorney Mulligan succeeded persuading the trial court to dismiss six of the seven Crime of Violence charges. At trial, Attorney Mulligan used a novel and creative strategy: He waived the defendant’s appearance before the jury. Patrick Mulligan succeeded in winning an acquittal on all remaining Crime of Violence counts as well as many of the less serious charges. Mr. B, who initially faced more than 200 years in prison, was given a short term, and should be eligible for parole within a year.
People v. Joseph T.
In this recent 2009 case, the Defendant was charged with DUI in what would have been his fourth alcohol-related driving offense. Based primarily upon skillful cross-examination of the State’s expert witnesses, the Defendant was found not guilty of DUI or DWAI.
People v. Robert M.
The Defendant was charged with third-degree assault after an episode of alleged domestic violence. After a multi-day trial, the Defendant was found not guilty of all charges.
People v. Andrew A.
The Defendant was charged with vehicular homicide, based upon a single car accident in which his friend was killed. After a multi-day trial with numerous expert witnesses, the jury found the Defendant not guilty of vehicular homicide.
People v. A.W.
The Defendant was charged with sexual assault. Many days of complex motions hearings resulted in suppression of certain evidence. An interlocutory appeal was made to the Colorado Supreme Court, where the suppression victory was affirmed. During a three-day jury trial, the Defendant was found not guilty. A federal civil rights lawsuit was pursued on the Defendant’s behalf against the police for misconduct, resulting in a substantial settlement for the client.
People v. Bobby J.
The Defendant was charged with first-degree murder. After many meetings with the Defendant, Attorney Mulligan became convinced that the Defendant had significantly impaired vision, despite his protests that he saw perfectly. Attorney Mulligan convinced the court to authorize an expert optometrist exam, which was used to demonstrate that the Defendant could not have been the shooter. The Prosecution agreed to a settlement involving a minor charge.
People v. Aaron H.
In this first-degree murder case, Patrick J. Mulligan represented the Defendant. Using a creative “reverse photo lineup” investigative technique, Attorney Mulligan convinced the prosecution, on the eve of trial, to dismiss the charges completely.
People v. Jarret R.
The Defendant was charged with sexual assault, and protested his innocence. During the trial by jury, Attorney Mulligan was able to demonstrate that the alleged victim’s account of the event lacked credibility. The Defendant was found not guilty.
People v. Hal R.
The Defendant was charged with assault and domestic violence against his wife. Through the use of transcripts and allegations from the divorce case between the two, Attorney Mulligan was able to demonstrate a financial motive for the criminal allegations. The Defendant was found not guilty.
People v. John M.
The Defendant was charged with first- and second-degree sexual assault. By thorough investigation into the alleged victim’s background and forensic evidence, Attorney Mulligan was able to convince the prosecution of the lack of credibility of the charges, which were then dismissed.
The cases described above are just a few of the successful trials handled by our office over the past few years. If you have a question about a criminal trial, please contact the law office of Patrick J. Mulligan at (303) 295-1500.
Appeals
People v. Evan Malone
Mr. Malone was convicted at trial of Second Degree Assault, a Class Four Felony and a Crime of Violence. Mr. Malone was initially sentenced to 5 years in prison. On appeal, Attorney Mulligan argued that the trial court’s instruction to the jury on self-defense was erroneous, thus depriving Mr. Malone of his rights to due process and to present a defense. In 2010, the Court of Appeals agreed, and ordered that Mr. Malone’s conviction be reversed, and his case remanded to the district court for a new trial
People v. Forrest P.
The Defendant was represented on appeal of his first-degree murder conviction. Complex post-conviction motions were litigated at the trial in court. The Defendant’s conviction for first-degree murder was reversed on appeal by the Colorado Court of Appeals.
People v. Anthony C.
The Defendant was represented on appeal, in this case on multiple convictions for attempted first-degree murder. After many months of appellate litigation, the Colorado Court of Appeals ordered the Defendant’s convictions reversed, and remanded the case for a new trial. Attorney Mulligan was hired to represent the Defendant in the new trial, and negotiated a settlement to a minor charge with credit for the time the Defendant had already served.
People v. Ardolino 69 P.3d 73 (Colo. 2003)
In this case, the Colorado Supreme Court unanimously ruled that the Defendant was entitled to a hearing on his claim of ineffective assistance of counsel. Upon remand to the trial court, the court found that the Defendant received ineffective assistance, and reversed the Defendant’s conviction. Mr. Ardolino was released from prison.
People v. Andrew A.
The Defendant was charged with vehicular homicide, based upon a single car accident in which his friend was killed. After a multi-day trial with numerous expert witnesses, the jury found the Defendant not guilty of vehicular homicide.
People v. Theodore A.
The Defendant was convicted at trial of motor vehicle theft and sentenced as a habitual criminal. Attorney Mulligan convinced the Court of Appeals that the evidence was insufficient to sustain the conviction, and the Defendant’s conviction was reversed. The Defendant was released from prison.
The cases described above are just a few of the successful appeals handled by our office over the past few years. If you have a question about a criminal appeal, or if you need to discuss the appeal of a criminal conviction for yourself or someone you know, please contact the law office of Patrick J. Mulligan at (303) 295-1500.
Post Conviction Litigation
People v. Kenneth Epperson
In this recent 2012 case, Mr. Mulligan served as the expert witness in the Defendant’s Rule 35(c) Motion for Post-Convction Relief. Mr. Epperson was convicted of First Degree Murder, and sentence to life in prison without the possibility of parole. At the hearing on the Defendant’s Rule 35(c) Motion, Mr. Mulligan testified as an expert witness in criminal law and trial advocacy. Based primarily on Mr. Mulligan’s expert opinion that the Defendant received ineffective assistance of counsel at trial, the Court reversed and vacated the Defendant’s conviction and sentence, and ordered that Mr. Epperson was entitled to a new trial.
People v. John Curren
In this recent 2009 case, the Defendant sought relief pursuant to Rule 35c of the Colorado Rules of Criminal Procedure. Mr. Curren was convicted at trial of two counts of first-degree murder. His direct appeals were denied. His last opportunity for relief was post-conviction (Rule 35c) litigation. After nearly two years of litigation, and approximately 100 pages of briefs, the case finally went to hearing in May of 2009. After a multi-day hearing, Mr. Curren’s convictions were reversed and vacated on a finding that he received ineffective assistance of counsel at trial. The prosecution is appealing the court’s order.
People v. Michael McCormick
Sentenced to life in prison for a notorious first-degree murder, Mr. McCormick’s convictions were affirmed by the Colorado Supreme Court, and appeals were exhausted. Attorney Mulligan began post-conviction (Rule 35c) litigation based on allegation of ineffective assistance of counsel. The court ordered convictions reversed, finding that the trial lawyer failed to provide effective assistance. Appellate courts eventually affirmed the trial court’s ruling and upon remand, Attorney Mulligan negotiated a settlement giving Michael credit for the time he had already served, and he was released from prison.
People v. Edgar G.
The Defendant was convicted of sexual assault. Another multi-day hearing ensued. The court found ineffective assistance of counsel, and the conviction was reversed. On re-trial, Attorney Mulligan represented the Defendant, and the case was dismissed.
People v. Raymond H.
The Defendant was convicted of burglary and sexual assault. Post-conviction (Rule 35c) litigation was brought on the allegation of ineffective assistance. At the hearing, the prosecution agreed to substantial sentence reduction in lieu of litigation.
People v. Bryan D.
The Defendant was convicted at trial of child abuse resulting in death, and sentenced to 36 years in prison. Attorney Mulligan was appointed to investigate the possibility of post-conviction motions. After thorough investigation and many days of hearings, the trial court reversed the Defendant’s conviction, finding that his trial counsel had provided ineffective assistance of counsel.
The cases described above are just a few of the successful post-conviction (Rule 35c) litigation cases handled by our office over the past few years. If you have a question about post-conviction (Rule 35c) litigation, or would like to discuss a Rule 35(c) claim, please contact the law office of Patrick J. Mulligan at (303) 295-1500.
High Profile
Some criminal cases attract the attention of the media and gain publicity via television networks, radio and the Internet. These cases are known as “high profile cases.”
Over the years, Attorney Mulligan has provided criminal defense and taken to trial a number of high profile cases, some of which include the following:
Nathan Maxcey
A recruiting assistant at the University of Colorado, Nathan Maxcey was the only person indicted in the nationally famous CU recruiting scandal. Mr. Maxcey was indicted on multiple felony counts. After successful pre-trial motions hearings, and numerous court appearances, Mr. Maxcey entered a plea of guilty to one misdemeanor count, and received unsupervised probation.
Lt. Col. Alexis Fecteau
A high-ranking official and instructor in the U.S. Air Force, Lt. Col. Fecteau was charged with a number of felony and misdemeanor counts for allegedly vandalizing numerous cars that had George Bush bumper stickers. The Defendant’s conduct reflected the growing resentment among many within the military over the administration’s ill-fated war in Iraq. After nearly a year of pre-trial negotiations and litigation, Attorney Mulligan was able to resolve the matter with no criminal conviction at all. Upon payment of restitution, the charges will be dismissed, and the Defendant will maintain a clean record.
Joseph Yacteen
Mr. Yacteen was charged with 30 felony counts, as well as habitual criminal charges, for the shooting of Grammy award-winning singer and songwriter Marc Cohn. Though he faced more than 200 years in prison, given the circumstances, Attorney Mulligan was eventually able to settle his case favorably.
Michael McCormick
Michael McCormick was convicted and sentenced to life in prison in 1987 for a notorious first-degree murder. Mr. McCormick’s convictions were affirmed by the Colorado Supreme Court, and his appeals were exhausted. His last remaining chance at release was through post-conviction (Rule 35c) litigation. After years of hard work, pouring through transcripts and police reports, and extensive investigation, Attorney Mulligan and his team were able to bring the case back to court for a hearing to determine whether Michael received “ineffective assistance of counsel.” After a multi-day hearing, the trial court ordered Michael’s convictions reversed, finding that his trial lawyer failed to provide effective assistance. The appellate courts eventually affirmed the trial court’s ruling. Upon remand, Attorney Mulligan negotiated a settlement giving Michael credit for the time he had already served, and he was released. Michael is now free, and is starting his own business.
People v. Raymond H.
The Defendant was convicted of burglary and sexual assault. Post-conviction (Rule 35c) litigation was brought on the allegation of ineffective assistance. At the hearing, the prosecution agreed to substantial sentence reduction in lieu of litigation.
The cases described above are just a few of the high profile cases handled by our office over the past few years. If you have a question about a criminal legal matter, please contact the law office of Patrick J. Mulligan at (303) 295-1500.
Domestic Violence Cases
People v. Robert M.
The Defendant was charged with third-degree assault after an episode of alleged domestic violence. After a multi-day trial, the Defendant was found not guilty of all charges.
People v. Hal R.
The Defendant was charged with assault and domestic violence against his wife. Through the use of transcripts and allegations from the divorce case between the two, Attorney Mulligan was able to demonstrate a financial motive for the criminal allegations. The Defendant was found not guilty.
People v. Greg H.
Case Dismissed
People v. Kevin B.
Case Dismissed
People v. Thomas T.
Case Dismissed
People v. Ameneh M.
Case Dismissed
People v. James R.
Case Dismissed
People v. Charles M.
Case Dismissed
People v. Michael K.
Case Dismissed
People v. Jack D.
Case Dismissed
These recent cases are just a few of the many domestic violence cases that Patrick J. Mulligan has successfully litigated. If you or someone you know is charged with a crime involving allegations of domestic violence,contact the law office of Patrick J. Mulligan at (303) 295-1500.
Mental Health Cases
People v. Freddie D.
In this case, the defendant faced charges of sexual assault, aggravated incest, and numerous habitual criminal counts. At trial, Attorney Mulligan persuaded the jury to return a verdict of “Not Guilty by Reason of Insanity.” The defendant was sentenced to the Colorado Mental Health Institute for treatment, and was later released.
People v. Manuel L.
The defendant was charged with multiple counts of felony assault for a violent outburst involving a deadly weapon. Through the presentation of expert witness testimony on the defendant’s affliction with AIDS Onset Dementia, Mr. Mulligan was able to achieve a verdict of “Not Guilty by Reason of Insanity”. The defendant was committed to the State Hospital for treatment.
People v. Gerald L.
In this fascinating double murder case, Mr. Mulligan asserted the novel theory that the defendant acted in self-defense as to the first homicide, but was insane at the time of the commission of the second shooting. The jury was initially unable to reach a verdict, and declared that they were deadlocked. Rather than face a re-trial, the prosecution stipulated to a settlement of the case, and the defendant was committed to the State hospital in Pueblo, Colorado for treatment.
People v. Elaine H.
In this first-degree murder case, the Defendant was charged in the starvation/malnutrition death of her infant child. After many months of complex psychological background investigation, research, and litigation, Attorney Mulligan was able to achieve a settlement of the case. At sentencing, he succeeded in convincing the court not to impose a single day of prison.
People v. T.A.
In this case, the defendant was charged with attempted first-degree murder. The expert testimony of many mental health professionals showed that the defendant was suffering from schizophrenia. After a year of hard work and litigation, Mr. Mulligan was able to achieve a rare “not guilty by reason of insanity” (NGRI) verdict.
The cases described above are just a few of the mental health cases handled by our office over the past few years. If you have a question about a criminal mental health matter, please contact the law office of Patrick J. Mulligan at (303) 295-1500.
Contact the firm to discuss your case
If you are facing criminal charges in Colorado, contact Mulligan Breit, LLC today to learn more about how he can help you resolve your legal troubles.
