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31 Mar 2010, 9:46 pm by johntfloyd
Shatzer: Why Criminal Suspects Should Never Talk to the Police Without an Attorney By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair In December 2008 police officer Timothy Abernethy was chasing a suspect through a Houston apartment complex when the suspect, M. [read post]
16 Apr 2010, 10:53 am by johntfloyd
State; Court Reverses Conviction Obtained After Finding Investigator Used False Fingerprint Lab Report to Obtain Confession By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair It was New Year’s Day, 2006. [read post]
12 Jun 2011, 9:15 am by johntfloyd
Delay in Testing Delays Justice for Victims and Wrongly Accused By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair In a June 4, 2011 article titled “Justice Delayed in Rape Cases,” Houston Chronicle staff writer Anita Hassan reported that five years ago the Houston Police Department crime lab had more than 4,000 “rape kits” sitting untested in its “property room freezer. [read post]
18 Oct 2008, 9:05 pm
Hearsay Statements of Child Abuse Victims and Delayed Outcry By Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair "Hearsay" is a statement, other than one made by the declarant while testifying at a trial or hearing, offered into evidence to prove the truth of some matter being asserted. [read post]
27 Apr 2009, 3:17 pm
Youthful Pirate Faces Life in Federal Prison if Convicted on Piracy Charges By: Houston Criminal Defense Lawyer John Floyd and Paralegal Billy Sinclair Abduwali Abdukhadir Muse, the lone survivor of the four Somali pirates who attacked the United States flagged-ship Maersk Alabama on April 8, 2009, was recently indicted in the United States District Court for the Southern District of New York on five criminal counts, including piracy under Section 1651 of the Title 18 of the… [read post]
22 Apr 2011, 2:12 pm by johntfloyd
Wiretaps and Secret Video Taping by Spouses in the Home Can Lead to Criminal and Civil Exposure By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Marriage may well begin in bliss but during divorce often ends in mutually destructive acrimony between the spouses. [read post]
9 Jul 2012, 2:25 pm by johntfloyd
” By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair There was a time when a 5 to 4 Supreme Court ruling was simply considered a “split decision” indicating legitimate close legal differences of opinion. [read post]
29 May 2010, 7:46 am by johntfloyd
Indefinite Detention: Preemptive Punishment for Future Sex Crimes By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair On May 17, 2010 the United States Supreme Court in United States v. [read post]
15 Aug 2010, 10:10 am by johntfloyd
§ 1956(h) By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair Money laundering is a process through which either the source or use of proceeds from illegal financial transactions are concealed. [read post]
21 Feb 2009, 1:52 pm
Defense Lawyers Must Prepare for Federal Sentencing By: Houston Criminal Defense Lawyer John Floyd and Paralegal Billy Sinclair The United States Supreme Court in 1996 held that federal district court judges had discretion to depart from the recommendations of the U.S. [read post]
5 May 2009, 10:39 am
Offer of Proof; Preserving Error for Appellate Review under Rule 103(a) (2) By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair In a recent article ("False Forensics: An Attorney's Worst Nightmare. [read post]
2 Oct 2012, 3:49 pm by johntfloyd
Rule 403: Courts Should View Child Porn if Defense Moves to Exclude as Unfairly Prejudicial… By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Jurors in criminal trial are sometimes called upon to view difficult, disturbing pieces of evidence. [read post]
25 Oct 2011, 11:35 am by johntfloyd
Harris County Grand Jury Probe focuses on HPD’s Breath-Testing Vans By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair This is our fourth post this year concerning out of control law enforcement “no refusal” DWI policies (here, here, and here). [read post]
8 Dec 2009, 5:34 am by johntfloyd
Criminal Defense Attorneys Must Request and Analyze Procedures for Testing, Accepted Protocols and Handling of Forensic Evidence By: Houston Criminal Attorney John T. [read post]
13 Apr 2011, 6:27 am by johntfloyd
In re Commitment of Seth Hill: The Importance of Uncovering Bias Against Sexual Orientation in Jury Selection By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Every criminal defendant enjoys a right protected by the Sixth Amendment of the United State Constitution to a trial by an impartial jury chosen from a jury panel that represents a fair cross-section of the community. [read post]
4 Sep 2012, 3:02 pm by johntfloyd
Determining Eligibility for Compensation for Wrongful Conviction and Incarceration By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair The Tim Cole Act (TCA) was named after Timothy Cole, a former Texas Tech student who was wrongfully convicted in 1986 of rape in Lubbock, Texas. [read post]
21 Nov 2011, 10:07 am by johntfloyd
Outrageous Allegations of Child Sexual Abuse and Failure to Report Devastate Presumption of Innocence and Shift Burden of Proof By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Contrary to the screaming media pundits, who have thrown the presumption of innocence out the window, we do not know if former Penn State defensive coordinator is guilty of the 40 child sexual abuse allegations leveled against him by a “Happy Valley” grand jury. [read post]
4 Aug 2011, 4:17 pm by johntfloyd
TRE 412 Permits Use of Past Sexual Behavior in Limited Circumstances By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Every state in these United States have what is known as “rape shield statutes”—laws that limit a criminal defendant’s ability to cross examine sexual assault victims about their past sexual behavior. [read post]
29 Mar 2010, 10:12 pm by johntfloyd
Texas Prosecutors Use HIV as Deadly Weapon in Aggravated Sexual Assault Case By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair Let us state quite emphatically at the outset that we do not know if K. [read post]
21 Oct 2011, 1:24 pm by johntfloyd
Williamson County Justice System under Scrutiny by State Bar of Texas By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Since our last post about the tragic case of Michael Morton, the “prosecutor of the year” in that case, now District Judge Ken Anderson, and his cohort, Mike Davis, who actually prosecuted Morton for the 1986 murder of his wife, face investigations by the State Bar of Texas and Morton’s attorneys, according to the Austin… [read post]