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31 Jul 2012, 10:10 am
Probation, Deferred Adjudication, Shock Probation and Pre-Trial Diversion By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Prior to 1913 there were on two sentencing options in Texas: a judge could sentence a defendant to prison or a jury could recommend that no sentence be imposed. [read post]
9 Oct 2010, 5:56 am
Connick; Jury Awards 14 Million Dollars to Man Who Served 18 Years in Prison for Crime he Did Not Commit After Prosecutors Hid Favorable Evidence By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Last year the U.S. [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]
1 Jul 2012, 2:49 pm
Allegations in Federal Case Against Former Defense Lawyer, AUSA, Offer Extreme Examples of Abuse of Position By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair “No witness, no case” was the motto of former U.S. [read post]
1 May 2009, 11:14 pm
Gary Alvin Richard; Wrongly Convicted Man Released after 22 Years By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair They are called "experts. [read post]
25 Aug 2009, 12:27 pm
Judges Should Question Victims, Witnesses, About Offense Before Imposing Punishment By: Houston Criminal Defense Lawyer John Floyd and Billy Sinclair Under Texas law, a criminal defendant has the option of allowing either the jury that convicted him or the judge presiding over the trial to assess punishment. [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]
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]
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]
25 Oct 2010, 1:36 pm
John Robinson contracted the fatal disease of mesothelemia when he served in the 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]
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 2012, 8:00 am
John Kelly’s life has been ruined. [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]
