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15 Dec 2009, 10:27 am
Defense Attorneys Fight Prosecutors Prejudicing the Jury with Extraneous Acts, Wrong, Crimes By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair It is the firm belief of among defense attorneys that a criminal defendant should only have to defend against the charge leveled in a charging instrument: a bill of information or a grand jury indictment. [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]
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]
10 Aug 2010, 12:18 am
Unpopular Judge Deserves Humane and Fair Treatment While in Federal Custody By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair Last year former U.S. [read post]
4 Mar 2011, 4:03 pm
Constitutional Right to Confront Witnesses Watered Down: Statements Describing Shooter Not Testimonial, Admissible Without Confrontation and Cross Examination By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair What a strange Supreme Court we have! [read post]
22 Jan 2011, 11:09 am
The Real Reason for Abolition: Texas Poses Greatest Risk of Executing an Innocent By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair For two days in December of last year Harris County Criminal District Court Judge Kevin Fine allowed attorneys representing accused capital murderer John Edward Green to present evidence that the process for carrying out the death penalty in this state is so flawed that it creates an unconstitutional risk that an innocent person could be… [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]
4 Feb 2011, 11:07 am
46,000 Innocent Lives Destroyed by False Allegations, Wrongful Convictions By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Seton Hall University School of Law Professor D. [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]
8 Apr 2012, 9:07 am
Tragedy Stirs debate on Stand Your Ground Laws and Racial Stereotypes By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair In February, 2012, we posted a piece about Texas’ version of the “stand your ground” law which was passed by the Legislature in 2007. [read post]
31 May 2011, 12:23 pm
Right to Appointed Counsel Not Absolute: Courts Only Required to Appoint Counsel if Reasonable Grounds Exist for DNA Testing By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Ruben Gutierrez was convicted of capital murder and sentenced to death for the September 5, 1998 robbery/murder of 85-year-old Escolastica Harrison in Brownsville. [read post]
16 Oct 2009, 8:18 pm
Increased Use of Stop and Frisk Leads to Increased Constitutional Abuses, Legitimizes Racial Profiling By: Houston Criminal Defense Lawyer John Floyd and Paralegal Billy Sinclair Law enforcement officials claim "stop and frisk" is one of their most effective crime prevention practices. [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]
25 Aug 2010, 12:59 am
18 USC 1346, Honest Services Prosecutions Require Bribes or Kickbacks By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair The Enron Corporation was founded in 1985. [read post]
19 Aug 2009, 2:56 pm
Fabricating Fake DNA, Defending the Accused in the New World By: Houston Criminal Defense Attorney John Floyd and Billy Sinclair, Paralegal We have blogged on several occasions in the recent past about the fallibility of forensic evidence, sharing the opinion of others that more often than not it's "junk science. [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]
7 Aug 2010, 9:37 am
Deliberately Avoiding the Truth to Deny Criminal Knowledge By Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair What is an “ostrich instruction? [read post]
26 Jan 2012, 8:19 am
Politics and Profit Motive Lead to Unreasonable Conditions of Bond in First Time DWI Cases By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair The Texas Legislature in 1999 gave courts the general authority to impose “reasonable conditions” of pre-trial release. [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]
10 Feb 2012, 5:44 pm
Clergy Privilege Protects Communications Made In Confidence, Waived if Called as Character Witness By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair In a previous post, we outlined the case of Ernest “Randy” Comeaux, an inmate serving six life sentences for a series of rapes from the mid-1980s to the mid-1990s in Lafayette Parish, Louisiana. [read post]
