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21 Apr 2010, 5:51 am
Obama Must Expose Judicial Activism of Right Wing and Nominate Justice with Abundance of Empathy for the Rights of the Individual and Protection of the Social Good By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair The recent retirement of Associate Justice John Paul Stevens has created the second opportunity for President Barak Obama to appoint a justice to the U.S. [read post]
1 Apr 2011, 12:59 pm
Supreme Court Allows Prosecutors to Hide Evidence Favorable to the Accused without Consequence By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair John Thompson spent over 18 years in a Louisiana prison, 14 isolated on death role, after a prosecution described as fundamentally unfair by prosecutorial design. [read post]
10 Aug 2012, 10:12 am
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair During the initial minutes of Saturday, July 21, 2012, and only moments after the commencement of a special midnight showing of the Batman movie, Dark Night Rises, James Holmes, armed with an arsenal of weapons and dressed body armor, walked into the Century 16 Theater in Aurora, Colorado, announced the Joker was present, and began indiscriminately shooting moviegoers. [read post]
23 Jul 2010, 11:48 pm
Criminal Defense Attorneys Must File Objections to Pre-Sentence Report in Federal Criminal Cases to Protect Appellate Rights By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair The United States Congress, with the Sentencing Reform Act of 1984, established the U.S. [read post]
16 Mar 2010, 11:23 pm
By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair Some defense attorneys—and not without a legitimate basis—mistakenly believe that if a police officer detects the odor of marijuana inside a residence, the officer does not have probable cause to enter the residence and arrest the suspected owner of the drug without a warrant. [read post]
10 Sep 2008, 11:26 pm
Billy Sinclair Would you want a Judge presiding over a criminal case against you sleeping with the District Attorney prosecuting that case? [read post]
4 Jan 2010, 1:20 am
Sinclair, NY Slip Op 09419 (2d Dept. 2009) Tomorrow’s issue: Motion practice. [read post]
28 Aug 2011, 8:21 am
Admissibility of Unreliable Identification Evidence By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair According to the New York-based Innocence Project, 75 percent of the nation’s 273 DNA exonerations involved eyewitness misidentification—and according to Harris County state senator Rodney Ellis, a longtime advocate of eyewitness identification reform, 86 percent of Texas’ 45 DNA exonerations (the most in the nation) involved eyewitness… [read post]
9 Jan 2011, 3:57 pm
Government Avoids 4th Amendment Requirement of Probable Cause By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair In 1970 it was discovered by a gentleman named Christopher H. [read post]
6 Oct 2008, 10:27 pm
Prosecutor Hands Jury Sour Grapes After Not Guilty Verdict By Houston Criminal Defense Lawyer John Floyd and Paralegal Billy Sinclair The John T. [read post]
16 Jul 2011, 2:13 pm
Lack of Evidence and Reasonable Doubts Lead to Acquittal By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Now that Casey Anthony has been acquitted on the most serious charges resulting from the death of her young daughter, Caylee, and is scheduled for release next week, virtually every media pundit, along with their side-kick “expert” attorneys has had their say about the case. [read post]
28 Mar 2012, 12:12 pm
Technology allows Government to Cheat Constitutional Protections By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair The U.S. [read post]
29 Jul 2009, 10:09 am
Child Pornography and Exploitation By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair Neighbors say the couple that lived in the $1 million home in the 11100 block of South Country Squire Road were "the sweetest on the block" who brought cakes to the new home owners that moved into the exclusive neighborhood. [read post]
16 Jan 2011, 2:02 am
Courts Stretch Logic and Allow Government Land Grab in Child Porn Case By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Former President George W. [read post]
25 May 2010, 1:07 am
By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair The United States Supreme Court finally addressed for the first time a long debated issue: whether juveniles can be sentenced to life without parole (“LWOP”), a sentence normally reserved for the very worst offenders. [read post]
2 May 2012, 2:14 pm
Courts of Appeal Continue Struggle with Crawford and Progeny By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Reinaldo Berrios, Troy Moore, Angel Rodriquez, and Felix Cruz were charged, and ultimately convicted, of a series of violent felonies in Puerto Rico and the Virgin Islands in 2004, including the murder of an off-duty police officer during an attempted robbery. [read post]
6 Jul 2009, 11:06 am
Inadmissible Evidence under 608(b) of the Texas Rules of Evidence May be Admissible under 613(b), Rule 412 or Confrontation Clause By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair A Harris County federal jury recently awarded $5 million to George Rodriquez for the 17 years he spent in the Texas prison system after being wrongfully convicted of the rape of a 14-year-old girl. [read post]
24 Apr 2010, 3:48 pm
Free Speech: Federal Law Criminalizing Depictions of Animal Cruelty Declared Unconstitutional By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair There are times when the U.S. [read post]
8 May 2009, 11:44 pm
The rule of law prevails over the demands of politics By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair In the wake of the Obama administration's release of the "terror memos" and the political firestorm the release generated, the president has instructed U.S. [read post]
23 Sep 2009, 7:53 am
Video Taped Consensual Sex with Minor Gets Federal Time By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair The federal statute that governs the production of child pornography provides, in part, that "any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in . . . any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction… [read post]
