Reported Cases, Recent Publicity, and Appellate News:
January-February, 2018 – STATE v. GISSENDANNER, TRAVIS – BLF Client was charged with 3 serious felonies, Robbery 1st (a class A felony carrying a penalty of 10 years to LIFE in prison) , Kidnapping 2nd (A class B felony carrying a penalty of not less than 2 years and up to 20 years in prison) and Assault 2nd (A class C felony with a max of 10 years in prison). Accordingly, if convicted the BLF client was facing serious prison time, but after vigorous defense and negotiation for the client, the BLF was able to negotiate with the District Attorney’s office in Dale County Alabama for ALL three (3) felonies to be dismissed in exchange for the client to plead to one misdemeanor (assault 3rd). The client was very happy with the outcome wherein he received a small fine, no jail time and no probation. Link to original article after charges for 3 felonies was made –https://www.wtvy.com/content/news/Arrests-Made-Suspect-Still-Sought-in-Ozark-Kidnapping-Case-392577291.html
January – March 2017 – STATE VS. JACKSON, JAMES HUNTER – BLF, LLC’s Client, Mr. James Hunter Jackson was indicted for a class A felony (carrying a sentence of not less than 10 years and up to life in prison if convicted) but the attorneys, Jason and Bob Brogden, Esq. here at the BLF, LLC negotiated a plea bargain deal so that Mr. Jackson’s charges were reduced to a mere MISDEMEANOR, in which he accepted. Based on all the factors, including a legitimate claim of self-defense, both sides felt this was an appropriate plea bargain. At sentencing, Mr. Jackson was not remanded to jail/prison but he was placed on 12 months of “community corrections” which is a heightened form of probation with zero incarceration. He will live and stay at his home, never spending a night in jail or prison, but be closely monitored compared to those on probation. The client was happy to have this case resolved down to a simple misdemeanor with no time in jail/prison imposed when initially he was indicted by the Grand Jury of Dale County for MURDER, a Class A Felony. Link: click here for news article regarding plea Link2: Click here for new article regarding sentencing to community corrections instead of jail/prison
December 2016 – The Brogden Law Firm, LLC and most notably Robert H. Brogden, Esq., was retained to represent the former City Clerk for the town of Samson, Alabama on a two (2) count indictment by the Grand Jury of the 33rd judicial circuit wherein she was indicted with two (2) class A FELONIES for theft of property from the City. After much legal work, discovery review by our firm and negotiation with the District Attorney, Mr. Brogden was able to secure a very favorable “deal” wherein ALL the felony charges were dismissed and the former court clerk simply plead out to a mere misdemeanor in order to get the case behind her. Our client received a suspended sentence, 2 years of unsupervised probation, no fine or cost was instituted and never spent a day in jail! Another happy client and successful outcome for BLF, LLC!
November 2016 – The Brogden Law Firm represented a young gentleman, “Z.G.”, who indicted by a grand jury for Assault in the second degree (a Class C Felony) in Coffee County Circuit Court stemming from an alleged shooting wherein the victim was allegedly shot twice by our client. Jason R. Brogden and Josh Holcomb handled this matter together where they filed a motion for “Pre-trial Immunity” and conducted a hearing on self-defense, which is a newly enacted mechanism in our self-defense statute which allows for such a pre-trial hearings before Defendants have to go through a lengthy jury trial. Our client asserted he was defending his person, was in imminent fear of his life and his girlfriend at the time. After a conducted lengthy and very productive immunity hearing before Circuit Judge, the Hon. Judge Thomas Head, the District Attorney’s office contacted Mr. Brogden the very next day and offered to reduce the felony charge to a mere MISDEMEANOR (Assault 3rd) and grant the young man “YO” or Youthful offender status (so the file was sealed) with no fine, no court cost, no probation and a short suspended sentence so that he never spent more than an hour in jail when he was indicted and booked in and bonded right out. We believe the client was very satisfied with the outcome and the long hours our firm worked on his case, weekends included.
October 2016 – The Brogden Law Firm, LLC. is proud to welcome a new addition to our law firm, the Hon. Joshua J. Holcomb, LL.M, Esq. We here at the BLF, LLC. have had the pleasure of having Mr. Holcomb as a “law clerk” for the firm for more quite some time so that he has been a great asset wherein he has observed, assisted, helped to prepare, conducted legal research and developed into a now fully licensed practicing attorney, with “masters in law” in trial advocacy and dispute resolution as well a Juris Doctorate in Law. Mr. Holcomb is ready to meet all the client’s needs in a wide variety of areas of the law, both before a trial (bench trial) judge and jury in both criminal defense and civil matters. Please feel free to call or email our law office to schedule a confidential consultation with Mr. Holcomb. Mr. Holcomb is a very capable, diligent, hardworking and zealous advocate and is able, willing and ready to meet any and all client’s needs in many areas of the law in South East Alabama. Also, please feel free to click on the “Attorney Profile” drop-down menu at the top of this page for a more in-depth education, history, and background on the Hon. Josh J. Holcomb, LL.M., Esq. who is a native of Boaz, Alabama who seeks to serve and advocate for the people of this great state as a general trial practitioner here at the Brogden Law Firm, LLC.*****
GENEVA COUNTY UPDATE – 2016 ALL INDICTMENTS LEVIED AGAINST THE BELOW DOCTOR HAVE BEEN DISMISSED WITH PREJUDICE! The BLF successfully vindicated their client, the Geneva Doctor, of ALL charges and he is still practicing medicine (and never stopped as the DEA nor the hospitals believed the allegations). Another successful case for the Brogden Law Firm, LLC, and its’ attorneys!
December 2014 – A Geneva County Emergency Room Doctor has retained the attorneys of the Brogden Law Firm, LLC to defend 3 counts of sexual abuse levied against him by the District Attorney’s office of the 33rd judicial circuit. The Doctor/client has maintained his innocence since day 1, as there is absolutely no forensic or DNA evidence involved in this matter. The client and the attorneys at the BLF, LLC eagerly forward to their day in court.
September 2014 – The Brogden Law Firm has been retained to defend a Geneva County, Al Man charged with “Possessing Weapons Of Mass Destruction”. The client maintains his innocence and looks forward to his day in trial as we believe the true evidence will reveal itself. Stay tuned.
LINK: CLICK HERE FOR WTVY ARTICLE*** 2016 UPDATE ALL CHARGES HAVE BEEN REDUCED TO A SIMPLE MISDEMEANOR CHARGE WHEREIN THE BLF, LLC CLIENT PAID A SMALL FINE, WAS NOT ORDERED TO SPEND ONE DAY IN JAIL/PRISON AND HE HAS GONE ON WITH HIS LIFE AFTER THE ABI/FBI CLAIMED HE POSSESSED “WEAPONS OF MASS DESTRUCTION”, WHICH TURNED OUT TO BE A MISDEMEANOR CASE. August 20th, 2014 – The trial attorneys at the Brogden Law Firm, LLC have been retained to represent and defend at trial a local citizen who has been accused of stealing thousands of dollars from her former employer, a local dentist. See below for the most recent news article from the Dothan Eagle. The Brogden Law Firm’s client has and continues to maintain her innocence. She is presumed innocent and will vigorously fight the charges levied against her. LINK:https://www.dothaneagle.com/news/crime_court/arrest-made-for-theft-from-local-dentist-s-office/article_5d6e4fe2-2876-11e4-a110-0017a43b2370/?TNNoMobile
JUNE 28th, 2013 – “STAND YOUR GROUND” DEFENSE WORKS IN FAVOR OF CLIENT:
STATE V. MICKEY L. JORDAN. Jason R. Brogden and Robert H. Brogden successfully defended and received a “NOT GUILTY” verdict from local jury after a 3 day “shooting into occupied vehicle” felony indictment. The 2006 amendment to the Self-Defense statute, the “STAND YOUR GROUND” provision, was the key to the successful jury trial for the Brogden’s in Geneva County Circuit Court.
HON. JASON R. BROGDEN, ESQ. QUOTED IN THE ‘NEW YORK TIMES’ – 2013: “HOSTAGE STANDOFF IN MIDLAND CITY ENDS WITH GUNMAN DEAD AND CHILD SAVED”
Mr. Jason R. Brogden, Esq., city attorney and municipal prosecutor for the town of Midland City was interviewed by the New York Times and quoted regarding the horrific and eventually heroic hostage situation in the town he represents. *See https://www.nytimes.com/2013/02/05/us/boy-is-safe-after-alabama-hostage-standoff/?_r=0
I) FEBRUARY 2013 – PETITION FOR WRIT OF MANDAMUS GRANTED BY THE CIVIL COURT OF APPEALS! A local Circuit Judge wasordered to vacate an unfavorable ruling issued against the Brogden Law Firm’s client after the Civil Court of Appeals reviewed the trial court’s ruling (against Mr. Brogden’s client). In other words, the Appellate court in Montgomery ordered a local court to VACATE its prior ruling in connection with a very high profile, complex, and hotly contested civil matter.
II) DECEMBER 2012 – FEDERAL LAWSUIT DISMISSED! The Brogden Law Firm wins another big lawsuit! Specifically,Mr. Brogden’s MOTION FOR SUMMARY JUDGMENT GRANTED in connection with a Federal civil case! Brogden Law Firm wins complex federal dispute in a hotly contested lawsuit filed against Mr. Brogden’s client(s), the Geneva County Personnel Board. The motion for summary judgment was granted and therefore the Plaintiff’ case against the Board was dismissed by the Federal Court Judge! No appeal was filed, and Mr. Brogden’s client’s case was successfully defended.
III) AUGUST 2012 – STATE V. C.L. ALL CRIMINAL CHARGES DISMISSED! Jason R. Brogden, Esq. convinced the trial Judge to dismiss the felony charges for lack of evidence (before the trial ended)! The client was charged with ‘Impersonating a Police Officer (US Marshall), a class C felony, in Dale County, Alabama. At the final trial, ALL (felony) charges are dismissed by presiding Circuit Judge at the conclusion of Prosecutor’s case in chief! The trial Judge granted Mr. Brogden’s ‘Motion for a Direct Verdict’ after cross-examination of the arresting officer concluded. Defendant free to go!
IV)MARCH 2012 –STATE v. WILMONT , a Local man found NOT GUILTY by a jury of his peers in a Houston County, Alabama Circuit Courtroom after less than one-half hour of jury deliberations. Mr. Wilmont was wrongfully accused of stealing approximately $50,000.00 and endured an exhausting and tough jury trial. However, in the end, justice prevailed and Mr. Brogden’s client was acquitted on ALL charges by unanimous vote! (see: https://www2.dothaneagle.com/news/2012/mar/20/dothan-man-acquitted-50000-theft-case-ar-3445825/ )
VI) OCTOBER 2011 – STATE v. WINDHAM. Mr. Brogden’s client INDICTED FOR MANSLAUGHTER was totally ACQUITTED! The Circuit Court of Geneva County, Alabama Kenneth W. Quattlebaum grants Jason R. Brogden, Esq.’s oral “motion for a judgment of acquittal” (i.e., Directed Verdict) after two full (2) days of testimony and evidence during the ‘Wes Windham manslaughter trial’. In other words, Jason argued and subsequently convinced the trial Judge to simply dismiss ALL charges due to lack of evidence AFTER two (2) days of testimony and evidence was put before the jury the Prosecutors! Jason R. Brogden’s client, Wes Windham, found NOT GUILTY of manslaughter indictment and NOT GUILTY of the lesser included offense of criminally negligent homicide. Another prime example of Jason R. Brogden and Robert H. Brogden, Esq. defending those charged with a violent crime, but during or after the trial their clients have been found to have reasonably defended themselves in self defense! ( see – https://www2.dothaneagle.com/news/2011/oct/05/hartford-man-charged-death-correctional-officer-ac-ar-2511228/ )
VI)SEPTEMBER 2011 –STATE v. COOK.Jason R. Brogden, Esq. and Robert H. Brogden, Esq. successfully defend charges of MURDER levied against local man, Joshua Cook. Brogden Law Firm wins four (4) and one-half (1/2) long Joshua Cook MURDER Trial (STATE of ALABAMA V. JOSHUA COOK). Dale County, AL Circuit Court (September 16, 2010) – (See: https://www.wtvy.com/home/headlines/103095864/** & https://www2.dothaneagle.com/news/2010/sep/16/midland-city-man-not-guilty-shooting-death-cousin-ar-838284/ Mr. Brogden’s client faced a class A felony conviction carrying the possibility of LIFE in prison, but was acquitted by a jury of his peers after 4 1/2 days of grueling testimony and evidence in the Circuit Court of Dale County, Alabama. Mr. Cook was charged with wrongfully discharging his fire arm in the front yard of his home, but consistently contended he acted in self defense of he and his 3 year old son when the alleged victim drove to his home, approached Mr. Cook as he attempted to get his son out of his car seat, and threatened him with physical harm. However, the Jury found that Mr. Cook acted in self defense and was justified in using deadly physical force to defend himself.
VI) STATE V. RILEY – Jason R. Brogden, Esq. wins first Criminal Jury Trial of 2010! Alleged sexual abuse. Jason R. Brogden, Esq.’s client acquitted on ALL criminal charges! – Mr. Brogden’s motion for a “judgment of acquittal” was granted by a Dale County Circuit Court Judge after the Prosecution rested its’ case-in-chief. In other words, Jason convinced the trial judge to dismiss the case for lack of evidence before it even was handed over to the jury that heard evidence for 2 days!
RECENT APPELLATE NEWS:
August 2017 – The BLF, LLC submitted two appellate briefs to the Alabama Court of Civil Appeals and the first came back in Favor of the Brogden Law Firm and we currently await a ruling on the second case. * Update, BLF was successful on an appeal. A winning ruling was issued by the Civil Court of Appeals (the Judge’s ruling in favor of the BLF client was AFFIRMED!)
July 18th, 2– The Supreme Court for the state of Alabama issued a “NO OPINION” writ denying/quashing a high profile divorce appeal (writ of cert) on behalf of BLF client. Meaning, an opposing party to the BLF appealed the ruling in a Final Judgment of Divorce rendered by a Houston County Circuit Judge (substantially) in favor of the Brogden Law Firm’s client all the way up to the Supreme Court! The Brogden law firm submitted a 70 page brief in their defense of this appeal for the client, the Appellee/ex-spouse. As a result, on July 18th, 2014 the divorce appeal is finally over! Another successful appeal for a client.
(2013) FEBRUARY – PETITION FOR WRIT OF MANDAMUS GRANTED! In connection with a complex and hotly contested domestic relations matter, Mr. Brogden’s client previously received an unfavorable post-judgment order from the trial judge. Consequently, Mr. Brogden drafted and submitted a Petition For Writ of Mandamus to the Appellate Court in Montgomery, Al which was subsequently GRANTED; thereby specifically ordering the trial court to vacate the unfavorable Order and rehear Mr. Brogden’s motion on its merits.
April 2012, Jason R. Brogden, Esq. submits a notice of appeal to the Civil Court of Appeals in regards to a divorce judgment rendered in Dale County, Alabama.
March 2012 – Jason R. Brogden, Esq. submits a notice of appeal to the Criminal Court of Appeals in Woodham v. State. (vehicular homicide)
(2012) B.L.F. — Brogden Law Firm receives judgment in favor of their client in its first 2012 appellate brief to the Civil Court of Appeals representing Appellee/Wife from Judgment of the Geneva Circuit Court (DR-10-293)! Thompson v. Thompson – judgment AFFIRMED by the Appellate court – No Opinion rendered.
(2011)The Brogden Law Firm drafted and has submitted several more briefs to the Civil Court of appeals in 2010. The 1st was actually a second appeal, on behalf of the Appellee, to which the Appeals court affirmed the judgment in favor of the Brogden Law Firm’s client for the second time in a row!, the Appellee. (McCullough v. McCullough)
Two (2) additional briefs have been also submitted for clients in 2011 – Both on behalf of the Appellee. The first was also affirmed in favor of Mr. Brogden’s clients, no opinion, and the second was also affirmed in their favor, with a lengthy opinion attached.
(2010)The Brogden Law Firm drafted and submitted a total of three (3) briefs to the Civil Court of Appeals in Montgomery, AL in 2010. The Court of Civil Appeals issued judgments ruling in favor of the B.L.F.’s clients on the first two briefs, and issued a lengthy opinion on the 3rd in favor of the Brogden Law Firm’s client! (See the Alabama Law Weekly – front page – Vol. 19, No. 39, September 24th, 2010 – “No Transcript available? Appeal Still goes on.” for more details)