The County could not show Attorney Mullen’s client physically assaulted a fellow inmate during a preliminary hearing. Upon suggestion a continuance would be granted in order to allow the State time to prepare their case, he convinced the court not to allow it thereby ending the prosecution of the alleged felony. Immediately afterwards at the next preliminary hearing scheduled that day, Attorney Mullen established a sexual assault was not committed by showing the elements of the crime were not met. Within thirty minutes, Attorney Mullen had won two preliminary hearings ending two felony cases.
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