Attorney Tami Lynn Mitchell's Legal Cases

Civil rights

Falsely accused college student found not responsible for sexual misconduct by unanimous board

May 10, 2018

OUTCOME: Client found not responsible, cleared of all alleged Title IX misconduct.

A freshman at a university in Colorado was falsely accused by his former girlfriend of "sexually assaulting" her during their relationship, and filed a Title IX complaint. The university only put my c ... lient on notice of one sexual assault allegation, when during the client's interview, the investigator told him there were several allegations. The client's case went to a hearing. We were able to present evidence of an alibi in the client's text messages with friends to show he was with them watching the Superbowl instead of "sexually assaulting" his girlfriend before she went to work. The board, consisting of 6 people, voted unanimously to find my client was not responsible.

Military law

Chief Warrant Officer's Reprimand Removed From Official File

Mar 20, 2012

OUTCOME: Reprimand removed from official file, client promoted to CW3

I assisted a Chief Warrant Officer 2 (CW2) with getting a reprimand removed from his official file. He had been reprimanded for a DUI, which was dismissed by the judge for lack of evidence. The clien ... t's defense attorney wrote a letter substantiating the evidence of the arresting officer's personal bias against my client, including the fact the police officer had an affair with my client's wife. Based on this new evidence, the general who directed the reprimand be filed in my client's official file changed his mind, and requested that the reprimand be removed.

Criminal defense

Client Acquitted of Attempted Premeditated Murder

Mar 10, 2009

OUTCOME: Client acquitted of attempted premeditated murder, found guilty of assault with intent to cause grievous bodily harm; sentenced to time served, reduction to lowest enlisted grade, and total forfeitures; no punitive discharge

Client stabbed roommate in liver during 2008 Labor Day holiday, under mistaken belief roommate stabbed him in the back then lied to him about who stabbed him. Both client's and roommate's blood alcoho ... l levels were .35, and another witness' blood alcohol level was .15. Client was placed in pretrial confinement for about 6 months and 1 week. Client pled guilty to assault with a dangerous weapon, and pled not guilty to attempted premeditated murder.

Criminal defense

Combat Injured Veteran's Fourth Amendment Rights Vindicated

Feb 12, 2009

OUTCOME: 90 days' confinement, reduction to E-1, total forfeitures; no punitive discharge; administratively separated with General Under Honorable Conditions discharge

Client was deployed to Iraq, severely injured when a grenade thrown by an insurgent exploded in front of him at point-blank range. Client was medically evacuated and returned to the United States for ... treatment of his physical injuries and major traumatic brain injury. His personal belongings were shipped back to the United States as well. Client's personal computer was illegally searched at the Joint Personnel Effects Depot in Maryland. Child pornography was discovered during this illegal search. The government called this illegal search an "inspection," which allows government officials to search service member's belongings without a search warrant. I wrote a 35-page motion to suppress the evidence on my client's computer as a violation of his Fourth Amendment rights. The extensive litigation revealed that the computers of THOUSANDS of severely combat-wounded Soldiers were searched illegally, under the guise of "national security." Unfortunately, the military judge ruled in favor of the government. My client was found guilty of possession of child pornography. Fortunately, our highest military appellate court subsequently ruled in a similar case that these so-called "inspections" were really illegal searches, thus making my client eligible for reversal of his conviction and reinstatement with back pay.

Criminal defense

No Confinement or Discharge for 3-Year AWOL

Aug 22, 2008

OUTCOME: One grade reduction, 90 days hard labor without confinement

Foreign national client experienced extreme family problems during his deployment to Iraq. He tried fixing them during his leave and upon his return from Iraq, but was not successful. Instead of retu ... rning to his unit, he stayed in his home state. After about 3 years, he decided he had to do the right thing, and turned himself in to military police. Initially my client was charged with desertion. Because my client was a foreign national, a conviction for desertion meant a permanent bar to US citizenship. My client pled guilty to a lower charge of AWOL. His battalion commander testified on his behalf on sentencing, telling the military judge that he was impressed that my client returned to Iraq from leave, instead of going AWOL in the middle of his deployment, given the severity of the family problems my client was experiencing. The battalion commander also testified about my client's excellent duty performance during his deployment, and that he would take my client with him during another deployment. The military judge could have sentenced my client to a year in prison and a dishonorable discharge. Instead, the military judge only sentenced my client to a one grade reduction and 90 days hard labor without confinement!

Sex crime

Falsely Accused Client Acquitted of Rape and Forcible Sodomy

Jul 21, 2006

OUTCOME: Client acquitted of rape and forcible sodomy. Convicted of minor military misconduct and received 2 weeks hard labor without confinement.

Client accused of raping and forcibly sodomizing 22-year-old woman who was allegedly mentally handicapped. While she had a "Forrest Gump" level IQ of 75, she nevertheless was able to understand a vari ... ety of things, make decisions, and execute them. The complainant navigated a complicated bus route to travel from Seoul to Pyongtek to see the client for her self-admitted purpose of having sex with client in the hope of becoming pregnant so that her mother would start treating her like an adult. After sexual intercourse, this young woman became angry with client for calling her stupid and making her leave his room, so she falsely accused him of rape and forcing her to perform oral sex on him. She was also trying to avoid getting in trouble with her mother and stepfather for disobeying their instructions to not see my client. The mother tried to intimidate me and our expert forensic psychiatrist, and the lead prosecutor tried to intimidate a CID agent who had the fortitude to state that, after a thorough investigation, no crime was committed. Our expert forensic psychiatrist helped us expose the diagnosis of "autistic" mental disorder as fraudulent, made solely for the purpose of enabling the young woman to continue being an Army "dependent," which resulted in her receiving medical care, prescription drugs, and travel and shipment of household goods at taxpayer expense, of hundreds of thousands of dollars.

Criminal defense

Two Courts-Martial, Two Convictions, No Punitive Discharge

Sep 23, 2005

OUTCOME: Client administratively separated with a General Under Honorable Conditions discharge

Client faced two separate courts-martial for allegedly stealing money from friends to fund his gambling addiction. Client always intended to repay the borrowed money with gambling winnings, but ended ... up losing. Client pled guilty to wrongful appropriation. He also faced allegations of perjury and violating orders in his second court-martial, of which he was found not guilty. Client sentenced to 6 months' confinement in each case, which allowed his paycheck to be diverted to repay the victims. No punitive discharge was given in either case!

Criminal defense

Foreign National Client Earns Education and US Citizenship

Jan 07, 2000

OUTCOME: Client convicted of some charges, sentenced to 3 years' confinement, bad-conduct discharge, reduction to lowest enlisted grade, total forfeitures

Foreign national client joined Army in hope of gaining US citizenship. Client befriended the wrong people, who were dealing drugs. One of the "friends" turned informant, based on a law enforcement ag ... ent's promise of no jail time for his crimes. My client was court-martialed for several drug crimes, based on the informant's testimony, and the law enforcement agent's testimony that no promises were made to informant and no meetings with informant occurred after the informant was terminated. Three months later, at informant's trial, informant produced an audio tape. The informant had secretly recorded a meeting with the law enforcement agent after the informant was terminated, the meeting the law enforcement agent denied occurring. The law enforcement agent could be heard on audio repeating his promise of no jail time to the informant. Client requested a new trial based on newly discovered evidence of perjury by the law enforcement agent. The appellate process continued for about 7 years, preventing client's deportation. After completing confinement, client changed his life, obtaining a master's degree, gainful employment, and US citizenship. This client is the one I am proudest of, he showed everyone what true "rehabilitative potential" looks like.

Sex crime

Falsely Accused Client Acquitted of Rape and Kidnapping

Aug 20, 1999

OUTCOME: Client acquitted of rape and kidnapping. Convicted of minor military misconduct, sentenced to restriction, reduction in rank, and forfeitures.

Client met a civilian woman at a party and agreed to "hook up" in his barracks room afterwards. After they had sex, he wanted her to leave but she wanted to stay. They got into an argument, she lunge ... d at him, he pushed her away in self-defense, she hit her head on his bookshelf, which resulted in a cut. She was taken to the day room, where she falsely accused him of rape and kidnapping. The government's theory was that he hit her in the head with a tack hammer. At trial, we showed, through an expert forensic pathologist, that it was impossible for a tack hammer, or any hammer, to cause her head injury. We also showed her character for untruthfulness. Client was convicted of only violating an installation regulation that prohibited him from having the woman in his barracks room after hours.

Criminal defense

Mentally Ill Client Receives Medical Discharge

Jun 08, 1999

OUTCOME: Charges dismissed, medical discharge

Client faced a special court-martial empowered to adjudge a bad-conduct discharge for minor military misconduct. In cases like his, the command usually administratively separated Soldiers, but my clie ... nt's command wanted to make an example of him. Shortly before trial, my client was found wandering around on post, he looked confused and told people he was hearing voices. He was taken to the in-patient psychiatric ward at the military hospital, where he was diagnosed with a schizophrenic-type of mental illness. We requested a sanity board, which determined he was not able to participate in his defense, due to his mental illness. The government was forced to drop the charges. The command subsequently attempted to administratively separate my client, but with the severity of his mental illness, he did not meet the medical standards for adverse administration separation. The only choice available was to medically discharge my client. This allowed him to get the treatment he needed.

Tami Lynn Mitchell's Legal Cases (32)

Falsely accused college student found not responsible for sexual misconduct by unanimous board

Chief Warrant Officer's Reprimand Removed From Official File

Client Acquitted of Attempted Premeditated Murder

Combat Injured Veteran's Fourth Amendment Rights Vindicated

No Confinement or Discharge for 3-Year AWOL

Falsely Accused Client Acquitted of Rape and Forcible Sodomy

Two Courts-Martial, Two Convictions, No Punitive Discharge

Foreign National Client Earns Education and US Citizenship

Falsely Accused Client Acquitted of Rape and Kidnapping

Mentally Ill Client Receives Medical Discharge