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12 Jun 2012, 3:33 pm by johntfloyd
Using Statements of Government Witnesses to Impeach Testimony By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair There are five primary sources outlining the obligations of U.S. [read post]
23 Mar 2012, 6:17 am by johntfloyd
Two Privileges Protecting the Husband-Wife Relationship: Confidential Communications and Refusal to Testify in Criminal Proceedings By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair As we pointed out in a 2008 post, there are two marital/spousal privileges in Texas: the confidential communication privilege as defined by Rule 504(a) and the privilege not to testify in a criminal trial as defined by Rule 504(b) of the Texas Rules of Evidence. [read post]
21 May 2011, 11:15 am by johntfloyd
King: Warrantless Entry into Residence Reasonable When Exigent Circumstances Exist That Were Not Created By Police By: Houston Criminal Lawyer John Floyd and Billy Sinclair The Fourth Amendment to the United States Constitution has historically protected Americans from unreasonable searches and seizures by law enforcement officials. [read post]
30 Mar 2011, 1:00 am by johntfloyd
Decades old cases are prosecuted without any new evidence and with critical fact witnesses missing or dead, increasing likelihood of wrongful convictions By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Roy McCaleb was murdered in Harris County on September 22, 1985. [read post]
10 Nov 2011, 12:20 pm by johntfloyd
Defense Lawyer Intentionally Failed to Comply with Longstanding Pleading Requirements in Death Penalty Writ By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair It is not our habit, nor is it in our nature, to second guess any strategy employed by a fellow defense attorney, unless that strategy is patently harmful to the client. [read post]
15 Jun 2012, 11:38 am by johntfloyd
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Any form of criminal violence is a human tragedy. [read post]
28 Aug 2008, 7:43 pm
Following Booker, Kimbrough, Rita and Gall; District Courts Exercising Power to Sentence as Deemed Appropriate, Considering Case-Specific Factors, § 3553(a) By: Houston Criminal Defense Lawyer John Floyd and Senior Paralegal Billy Sinclair Before 1984, criminal sentencing in federal courts was heavily criticized because of the disparate sentences imposed for similar conduct and because of the uncertainty as to the length of time offenders would actually serve in… [read post]
3 Sep 2010, 1:04 am by johntfloyd
Lying Texas Ranger, Overzealous Child Advocate Experts and Pro-Prosecution Judge Mock Justice By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Most human tragedies are produced by random acts of Nature run amok. [read post]
18 Nov 2010, 2:29 am by johntfloyd
Texas Penal Code 21.02, Continuing Sexual Abuse of a Child, Thwarts Long Established Requirement of Unanimous Verdicts By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair It’s been called arguably the second “most serious offense” in the State of Texas: Texas Penal Code 21.02, The Continuous Sexual Abuse of a Child. [read post]
28 Dec 2011, 12:18 am by johntfloyd
Filing Grievances, Request for Courts of Inquiry in Wrongful Conviction and Exoneration Cases By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair On December 12, 2011, writing for Mother Jones, Beth Schwartzapfel and Hannah Levintova published a piece titled “How Many Innocent People Are In Prison? [read post]
18 Sep 2011, 1:07 pm by johntfloyd
Fifth Circuit’s Decision on Restitution in Possession of Child Pornography Cases Creates Sentencing Nightmare By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair In theory the criminal justice system has a fundamental obligation to provide restitution to crime victims. [read post]
5 Jun 2011, 9:55 am by johntfloyd
Lack of Criminal and Civil Accountability Points to Need for Criminal Justice Reform Commissions By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair This session of the U.S. [read post]
27 Feb 2012, 2:51 pm by johntfloyd
Investigation of Intentional Prosecutorial Misconduct by Williamson County DA’s Office By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair In the 1980s Michael Morton was wrongfully, and unjustly, convicted of the murder of his wife (here and here). [read post]
18 Apr 2018, 6:02 am
Posted by John Reed Stark, John Reed Stark Consulting, LLC, on Wednesday, April 18, 2018 Editor's Note: John Reed Stark is President at John Reed Stark Consulting, LLC. [read post]
20 Dec 2011, 10:37 am by johntfloyd
Confusing Logic from SCOTUS and Conflict Among Appellate Courts Leave Trial Courts Guessing The Meaning Of Confrontation By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair The Sixth Amendment is one of the most important amendments of the United States Constitution. [read post]