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9 Apr 2011, 9:07 am
While Some Politicians Question Cost Of Incarcerating Drug Offenders, Big Money and Bigger Forfeitures Keeps Texas Tough On Drug Crime By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair An increasing number of states have abandoned the traditional notion that the best way to combat drug use and trafficking is through the costly practice of extended incarceration. [read post]
18 Feb 2012, 12:59 pm
Core of Defense of Third Person Is What the Actor Reasonably Believes Concerning the Situation of the Third Person By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair It was a hectic, confusing scene in Dallas on December 2, 2007. [read post]
25 Aug 2012, 3:13 pm
Rule of Court Make Overturning False Convictions Difficult By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair According to the Rape, Abuse & Incest National Network (“RAINN”), there are 207,754 sexual assaults in this country each year. [read post]
13 Jul 2010, 3:34 am
Monetary Damages Under § 2513, for Unjust Conviction and Imprisonment, Requires Showing of ‘Truly Innocent,’ Even After Acquittal By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair Robert E. [read post]
1 Aug 2010, 3:01 pm
Suggestive Police Procedures and Mistaken Identification Resulted in Two More Wrongful Convictions and Incarcerations, One for 27 Years By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair Our criminal justice system is flawed. [read post]
11 Nov 2010, 1:09 am
Unindicted Co-Conspirator in Holy Land Appeals Case in Fight to Clear Name By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair The Holy Land Foundation for Relief and Development, formerly the nation’s largest Islamic charity organization based in Dallas, Texas, and seven of its leaders were indicted in 2007 with providing “material support” to a terrorist organization, primarily to Hamas. [read post]
7 Sep 2010, 11:34 pm
Legislature Willing to Lessen Constitutional Protections to Appease Mothers Against Drunk Driving By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair For the past fifteen years the State of Texas either led the nation or ranked in the top five states in DWI fatalities. [read post]
31 Aug 2011, 3:16 pm
.: Need for Rehabilitation not Proper Factor in Determining Sentence By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair The concept of penal rehabilitation began at the end of the 19th century in this country. [read post]
11 Apr 2012, 2:49 pm
Supreme Court Solidifies Right to Effective Assistance of Counsel during Plea Bargaining By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair There are two primary movers in our criminal justice system: criminal prosecution and criminal defense. [read post]
5 Mar 2012, 2:04 pm
Protecting Attorney Client Relationship, Privileged Information from Government Subpoena By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair The attorney work-product and the attorney-client privilege are often confused with each other. [read post]
24 Feb 2010, 10:18 am
Court Recommends New Trial for Man Sentenced to Life in Prison for Capital Murder After Finding State’s Expert Testimony Incompetent By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair We have blogged rather extensively about the “convict at any costs” agenda which has ruled the Harris County District Attorney’s Office for the past three decades. [read post]
16 Dec 2010, 3:03 am
Voir Dire, Inability to Consider Full Range of Punishment: Proper Objection and Practice to Preserve Error for Appeal By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Sex offenses involving children are beyond a doubt the most difficult to defend, particularly when the allegations appear compelling and the witnesses are believable (here, here, and here). [read post]
12 Nov 2011, 12:48 pm
ABA Files Amicus Demanding Disclosure of Exculpatory Evidence Regardless of Materiality, Boarder than Brady By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair The Orleans Parish and Williamson County district attorney offices have something in common: both have a disturbing history of withholding exculpatory information that resulted in innocent men being sent to prison (or death row) for long periods of time (here, here and here). [read post]
23 Jun 2009, 10:03 am
Rule 606(b) of the Texas Rules of Evidence; Conducting Inquiry into Juror Misconduct By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair Johnny Ray Ocon was put on trial in Ector County, Texas for the crime of aggravated sexual assault of a child. [read post]
12 Jul 2011, 10:42 am
DWI Forensic Laboratory Reports are “Testimonial” for Confrontation Clause Purposes By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair It is not often that a DWI case will find itself in the trenches of constitutional law before the Supreme Court of the United States. [read post]
12 Jun 2010, 10:05 am
Children in Foster Care Residential Treatment Centers at High Risk of Neglect, Mistreatment and Abuse By: By Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair In a 2002 article for Child Trends, Dr. [read post]
17 Sep 2012, 2:17 pm
Fourth Amendment: No Reasonable Expectation of Privacy in the GPS Data and Location of Cell Phone By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Between 2001 and 2006, James Michael West ran a large-scale marijuana-trafficking operation in Tennessee. [read post]
7 Jun 2009, 12:56 am
20:1 Crack/Powder Ratio Still Flawed; Incarceration of Most Drug Offenders Absurd and Obscene By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair In May 2007 the U.S. [read post]
30 Sep 2009, 11:28 pm
Some in Law Enforcement, Legislatures, Find Federal Sex Offender Registration Laws Too Broad, Onerous By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair In April 2009 CNN reported that there are 38 states in these United States which require juveniles convicted of sex offenses to "register" as sex offenders. [read post]
9 Dec 2010, 11:41 pm
Keeping the government in Check, the Uncomfortable Reality of Freedom of the Press By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair WikiLeaks’ founder Julian Assange surrendered to British authorities on December 7, 2010 in connection with sexual assault allegations leveled against the Australian native by Swedish authorities. [read post]
