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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]
14 Jan 2009, 4:24 pm
Client Falsely Accused of Child Sexual Abuse Wins Second Acquittal Against Determined Public Integrity Unit Prosecutor By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair In early 2008 the Harris County District Attorney's Office launched an investigation into alleged sexual abuse of inmates housed at a county detention facility. [read post]
5 Apr 2009, 2:34 pm
Successful Batson Challenge Reveals Racial Discrimination in Harris County Jury Selection By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair Assistant District Attorneys Mark Donnelly and Rifian Newaz are considered seasoned, professional prosecutors by their colleagues in the Harris County District Attorney's Office. [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]
4 Jan 2010, 1:20 am
Sinclair, NY Slip Op 09419 (2d Dept. 2009) Tomorrow’s issue: Motion practice. [read post]
20 Jan 2010, 10:28 am
Court Describes Federal Sentencing Disparities as “A Picture of Injustice” By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair In 1984 the United States Congress enacted the Sentencing Reform Act (“SRA”), and as part of the Act, Congress created the United States Sentencing Commission (“Commission”) to “establish sentencing policies and practices for the Federal criminal justice system. [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]
24 Oct 2009, 11:50 am
October is Domestic Violence Awareness Month: Friends and Family Need to Get Involved to Stop the Cycle of Abuse, Save a Life By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair This past August Christiana "Tina" Guerra Lewis became another statistic; a victim of a social epidemic far more deadly than the HINI virus. [read post]
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]
13 Sep 2010, 3:09 pm
Current Eyewitness Identification Procedure Reinforce False Memories and Lead to Wrongful Convictions By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair There have been 258 DNA exonerations in this country over the last two decades, according to the New York-based Innocence Project. [read post]
26 Jul 2012, 12:08 pm
Congress Uses Fear of Child Pornography to Justify Orwellian Surveillance of Private Internet Usage By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Let us be clear at the outset. [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]
29 Oct 2011, 12:15 pm
Innocence Project Strikes Again: Henry James Freed After 30 Years By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Thanks to the efforts of the New York-based Innocence Project, Henry James became the 273rd inmate in this country to be exonerated by DNA evidence. [read post]
15 Aug 2009, 12:49 pm
Court of Criminal Appeals of Texas Finds Lawyer's Careful and Repeated Objections did not Preserve Error By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair Criminal trials are governed by strict rules of evidence and procedures. [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]
30 Oct 2010, 1:02 am
Charles Sebesta Sent Innocent Man to Death Row for 18 Years By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair A recent Iowa State University study, conducted by sociology professor Matt DeLisi, found that the total cost to society for a single murder in the United States is $17.25 million. [read post]
26 Feb 2010, 12:57 pm
Leading Cause of Wrongful Convictions: Mistaken Identification by Eyewitnesses By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair There have been 251 innocent people exonerated in this country by DNA evidence over the last two decades. [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]
14 May 2011, 5:16 pm
Texas Must Afford Due Process before Imposing Sex Offender Conditions on Parolees By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair The Center for Missing and Exploited Children has reported that there are, on average, 234 registered sex offenders per 100,000 residents in the United States—a total of nearly 730,000 such offenders, with more than 61,000 residing in the State of Texas, making this State second only to California’s approximately 123,000… [read post]
19 Jun 2010, 5:22 pm
Growing Practice of “No Bond” and Unreasonably Harsh Sentences for Some Child Sex Crimes Sparks Judicial Concern By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair In July 2006 former President George W. [read post]
