Patrick Mulligan is recognized by his colleagues and peers as one of the top criminal defense attorneys in the country. Patrick has been recognized as a Colorado Super Lawyer, an award bestowed to the top 5% in each field of practice, since 2006. Every year since 2007, Patrick has been recognized by the National Trial Lawyers as among the top 1% of trial lawyers in Colorado. Since 2015, Patrick has been recognized by the National Association of Distinguished Counsel, again as a top 1% lawyer in Colorado.

In 2018, Patrick accepted the invitation to join the prestigious Fellows of the American Bar Foundation, a distinction awarded by the research and scholarship arm of the American Bar Association to the top one half of 1% of lawyers in the country.

Throughout his career, Patrick has brought knowledge, creativity, and passion to his defense of those accused or convicted of crimes. He has extensive experience in all 3 phases of criminal litigation: trials, appeals, and post-conviction (Rule 35c) litigation. In addition, Patrick has been recognized and has testified as an expert in criminal trial, appellate, and post-conviction law in state courts throughout Colorado.

In Patrick’s view, every phase of criminal litigation presents an opportunity to fight for his clients. He has extensive experience at every stage of homicide litigation. Patrick is one of the rare criminal defense attorneys to win homicide cases at the pre-trial, trial, appeal, and post-conviction stages. This unusual depth and scope of experience has enabled Patrick to find creative approaches to help countless clients reach the best possible outcome in their cases.

Patrick Mulligan was born and raised in Denver and has remained a Coloradan throughout his life. He is a lifelong competitive athlete, and enjoys running, cycling, swimming, hiking, and golf. His athletic background has helped him to maintain an energetic and dynamic approach that has consistently contributed to his success as a lawyer.

While attending college and law school in Colorado, he maintained high standards of academic excellence and was very active in sports. Patrick graduated Phi Beta Kappa and Magna cum Laude from the University of Colorado. He was a member of the Law Review, and had his article published in the Review, at the University of Colorado Law School.

Patrick began his career in law in 1987 when he joined the Denver Law Firm of Clanahan, Tanner, Downing and Knowlton. In 1988, he shifted his focus toward defense of the indigent, and joined the Office of the Public Defender. He initially served in the trial divisions of the Public Defender’s Office, working first in Pueblo and then in the Arapahoe office. In 1990, Patrick joined the Appellate Division where he focused on appeals of serious felony cases through the Colorado Court of Appeals and the Colorado Supreme Court. He finished his Public Defender career in the Jefferson County trial division, handling serious felony jury trials, including multiple first-degree murder trials. In 1994, Patrick opened his private practice, focusing on trial, appellate, and postconviction litigation.

In 2013, Patrick formed Mulligan Breit, LLC with his law partner and cousin Marshall Breit. The creation of the firm has allowed Patrick to focus his practice on appellate and postconviction litigation. Patrick has 38 years of experience as a criminal defense attorney, and has litigated more than 100 felony appeals, including multiple first-degree murder cases.

Mr. Mulligan has taught at the University of Colorado School of Law as an adjunct professor of trial advocacy. He has lectured throughout the state of Colorado on such diverse topics as post-conviction (Rule 35c) litigation, the insanity defense, cross-examination of expert witnesses, mental health issues in criminal law, and habitual criminal litigation.

Patrick and his wife have been married for 37 years, and have 3 grown sons in Colorado. Patrick and his cousin, Marshall Breit, formed Mulligan Breit, LLC in 2013.

Expertise

• Post Conviction (Rule 35c) Litigation
• Appeals
• Trials
• Criminal Defense and Mental Health
• Homicide
• Sexual Assault

Membership

• Denver and Colorado Bar Associations
• Colorado Criminal Defense Bar
• National Association of Criminal Defense Lawyers

Admissions

• 1987, Colorado
• 1988, U.S. District Court, District of Colorado
• 1994, U.S. Court of Appeals, Tenth Circuit

Education

• 1984-1987 University of Colorado School of Law, J.D.
• — Law Review
• 1982-1984 University of Colorado, B.A.
• — Magna Cum Laude
• 1980-1982 Colorado College
• — Dean’s List
• — Varsity Track

Mulligan Breit, LLC

Patrick Mulligan founded his private practice in 1994. In 2013, Patrick founded Mulligan Breit, LLC with his cousin, Marshall Breit. Our firm is unique in that we handle only criminal defense, and we do so at each level of litigation. Because we are experienced trial and appellate lawyers, we are meticulous about preserving your appellate issues at your trial. This way, we can protect your right to appeal in the event that judicial errors are made in the trial. We are skilled at developing persuasive arguments to present to the appellate courts.

Basics of appellate review

An appeal is not a new trial. The appellate procedure allows different judges than the one who oversaw your trial to review the proceedings. You are not permitted to introduce new evidence or to examine witnesses at this stage.

Appeals are granted based on two reasons:

1. To determine whether the lower court made any serious error that affected the outcome of the trial
2. To determine if the verdict in the trial went against the weight of the evidence

Grounds for an appeal

You cannot appeal a verdict just because you do not like the outcome. You must show grounds for your appeal, which could include:

• Evidence was improperly admitted or excluded at trial.
• The judge made a sentencing error.
• The jury engaged in misconduct.
• The prosecution withheld evidence from the defense.
• The prosecution acted in a manner adverse to justice.
• Your trial attorney provided ineffective assistance of counsel.

If we represented you at trial, we were careful to preserve issues for appeal so we are prepared to file your brief in a timely manner. If you were represented by a different lawyer, we urge you to follow up promptly to determine whether you have grounds for an appeal.

The appellate courts

Immediately after your conviction and sentence, we begin the appellate process on your behalf. After obtaining and reviewing all trial transcripts, as well as the court file, we prepare your appellate brief to the Court of Appeals. If we do not prevail at the first appellate stage, we appeal to the next in this order:

1. Municipal/county court appeals go to district court.
2. Appeals from district court go to the Court of Appeals.
3. Appeals from the Court of Appeals go to the Colorado Supreme Court.
4. Appeals from the Colorado Supreme Court go to the U.S. Supreme Court.

At any level, the court may overturn your conviction or remand your case back to the trial court. The trial judge must make corrections of errors, and the prosecution can decide whether to initiate a new trial. The court may also uphold your conviction. Even if all levels of appeal are exhausted, you can seek post-conviction relief through Rule 35(c) litigation.

Appellate expertise

For a thorough analysis of whether you have appealable issues available to you, call Mulligan Breit, LLC at 303.295.1500 or contact our firm online. Because we want to be available to you when you need us, we return calls even after hours. Our office is conveniently located in downtown Denver within walking distance of the Denver District Court, the Colorado Court of Appeals, and the Colorado Supreme Court.