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Greetings!
Welcome to our monthly E-newsletter. We hope that the stories and information you receive here will heighten your interest and awareness in criminal defense law and the issues surrounding the cases we come across.
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The Hammerschmidt Broughton Law Corporation Celebrates 2012 as a Year of Growth
During the past two years the Hammerschmidt Broughton Law Corporation (HBLC) has seen remarkable growth. As of summer 2012 the firm now has four attorneys who specialize in criminal defense including appellate criminal defense. Christina Widner, a law clerk with the firm since 2011, is now an associate as of November 2012 after passing the California Bar Exam.
On October 1, 2012, attorney Mark Broughton, a distinguished attorney with 33 years of experience, became certified by the California State Bar Board of Legal Specialization as a Criminal Law Specialist. This now gives our firm the unique distinction of being the only criminal defense practice in central California with three criminal law specialists, of which there are only 360 in the entire state.
In June of this year, criminal defense attorney Burton J. Francis joined the Hammerschmidt Broughton Law Corporation as "Of Counsel," bringing his wealth of 24 years' experience as a Senior Deputy District Attorney for Fresno County. A licensed attorney for over 27 years, and a certified Criminal Law Specialist since 1998, Mr. Francis brings to our firm an extensive knowledge of homicide law and considerable experience in handling murder cases, including cases where DNA evidence has been a central issue.
In the October 15, 2012 print edition of Newsweek magazine, Jeff Hammerschmidt was featured as a national leader in criminal defense. Mr. Hammerschmidt, who has been a licensed attorney for the past 24 years and a certified Criminal Law Specialist since 1998, has practiced criminal law for 19 years, representing men and women in criminal matters in state and federal courts. Mr. Hammerschmidt is only one of eight attorneys who sits on the Advisory Commission for Criminal Law Specialists for the California State Bar Board of Legal Specialization. Mr. Hammerschmidt is also an Adjunct Professor of Criminal Law and Criminal Procedure at San Joaquin College of Law in Clovis, California.
Mr. Hammerschmidt and Mr. Broughton have the highest possible ratings with Martindale-Hubbell and AVVO, the two most prominent attorney rating organizations in the country. Mr. Francis joins his partners with excellent ratings, and has consistently met the highest standards of the California State Bar in the practice of criminal law.
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California Voters Reject Proposition 34 Which Would Have Abolished State's Death Penalty
On November 6, 2012, California voters rejected Proposition 34, which would have abolished the state's death penalty and replaced it with life in prison without parole as the maximum sentence allowable. The measure failed by a narrow margin of 53% to 47%.
Key supporters of Prop 34 were three former death penalty proponents: attorney and former prosecutor Donald Heller, who wrote the 1978 ballot measure that expanded capital punishment in California; Ronald Briggs a conservative Republican and El Dorado County Supervisor who helped get the 1978 ballot measure passed and whose father led the 1978 campaign; and Jeanne Woodford, who was the warden at San Quentin Prison and oversaw four executions.
All three had now wanted to see California's death penalty abolished.
For Heller, his opposition to the death penalty was triggered in 1998 when he believed a "factually innocent" California inmate was executed. His doubts about capital punishment, however, had been lingering before 1998, when he says he saw what he considered to be "marginal" lawyers being assigned to represent capital defendants.
Woodford admits her trepidations about the death penalty were always present due to her being raised Roman Catholic. However, the fullness of her opposition evolved after she personally witnessed executions as a prison warden.
"When you meet [the family members of victims] prior to the execution, they are looking at you with such hope, that this is somehow going to make them feel better," said Woodford, according to an L.A. Times article. "And then afterward, looking in their faces, it seems like it clearly didn't give them what they were looking for. What is closure? I don't think it is watching an individual get a needle in his arm and go to sleep."
For Briggs, his opposition to California's death penalty is largely about cost.
"We started with six people on death row in 1978, and we never thought that there would one day be 729," said Briggs. "We never conceived of an appellate process that is decades long."
According to the Los Angeles Times, California's death penalty system "has cost an estimated $4 billion since 1978 and executed 13 prisoners. . . . The Proposition 34 campaign, managed by an ACLU policy director, has focused more on the cost than the ethics of capital punishment. The campaign cites a study that estimated that between now and 2050, the death penalty will cost California as much as $7 billion more than life without parole. . . . . California's legislative analyst has said annual savings from Proposition 34 could start at $100 million and reach $130 million."
Opponents to Prop 34 said California's death penalty served as a deterrent, and that repeal would "embolden the most vicious criminals," according to a post on PolitiCal, an L.A. Times blog. The Peace Officers Research Association of California and other law enforcement organizations were at the forefront of the opposition to Prop 34.
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Spotlight: Christina Widner
Christina Widner Passes California Bar Exam, is Now An Associate Attorney 
We are extremely proud to announce that Christina Widner, who joined us as a law clerk in 2011, has passed the California Bar Exam. As of November she is now an associate with the firm.
Christina was the top-ranked law student in her first, second and third years at San Joaquin College of Law in Clovis, California, and graduated with highest honors. She attended UCLA and graduated with a B.A. in Psychology, and later attended San Joaquin, where she received her J.D. in May 2012. Before coming to Hammerschmidt Broughton she worked as a paralegal for a sole practitioner, where she researched and prepared civil complaints and motions for business, real estate and other civil cases.
Christina was team captain of the San Joaquin College of Law (SJCL) team that placed 3rd overall in the UC Davis National Refugee and Asylum Law Moot Court competition earlier this year. The brief for the competition, which Christina wrote, came in 5th overall. It is worth noting that the SJCL team outscored and outperformed teams from more than seven nationally renowned law schools.
"I am thrilled to join Hammerschmidt Broughton Law Corporation as an associate attorney," says Christina. "I am excited to finally exercise the knowledge and skills that I developed throughout law school, and in my time as a law clerk. The partners in the firm have been an incredible example of professionalism, and their guidance has been a treasure that has prepared me to be a strong advocate for clients in criminal defense matters."
When Christina can find a spare moment between law school and work, she spends time with Kyle, her boyfriend of four years, and their two dogs, Coco and Xena. She enjoys cooking and baking, and also has what she describes as a "passion" for television and movies, though she confesses she has very little time to indulge either.
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About Hammerschmidt Broughton Law Corporation
 The Hammerschmidt Broughton Law Corporation is dedicated to providing the highest level of legal representation to persons accused of crimes in Federal and State courts. We also represent clients in Department of Motor Vehicle driver's license revocation hearings and administrative licensure proceedings. We take on appeals, expungements and other post-conviction matters.
The firm is rated "AV" by Martindale Hubbell, the highest rating awarded to a law firm. The firm is also listed in the Bar Register of Preeminent Lawyers, a distinction reserved for the top five percent of law firms in the United States. The firm focuses on putting the client's needs first by keeping clients up to date on the status of the case, and by returning telephone calls quickly.
Contact Us to discuss your case. The sooner you call for a free consultation, the sooner we can begin working for you.
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Disclaimer: The information you obtain in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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