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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]
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]
7 Nov 2009, 1:17 pm
Failure to Strike Prosecutor, Victim of Sex Crime, from Jury not Ineffective Assistance of Counsel By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair The Sixth Amendment to the United States Constitution guarantees every criminal defendant a right to an impartial trial. 1/ Selecting a jury of twelve men and women to hear a criminal case is perhaps the most critical stage in the trial process where a defense attorney must provide effective representation. [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]
12 Jul 2012, 2:26 pm
Lessons of Exonerations Fade, Reforms Needed By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Imagine, if you can, being falsely accused of a crime, particularly a heinous crime like an aggravated sexual assault of a child or murder. [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]
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]
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]
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]
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]
24 May 2012, 3:55 pm
Reversal Warranted Only if Prosecutor’s Misconduct Cast Serious Doubt on Jury’s Verdict, Prejudicially Affect Substantial Rights of the Defendant By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair In our prior post, we discussed a Texas case which reflects why there is little, if any, systemic or meaningful judicial oversight of prosecutorial misconduct. [read post]
11 Apr 2019, 2:00 pm
Murray, of Stevenson & Murray in Houston; and Kristal C. [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]
4 Dec 2011, 2:35 pm
Disciplinary Action against Rogue Prosecutors Who Intentionally Engage in Wrongful Conduct, Brady Violations Rare By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Among lawyers practicing criminal law, “Brady violation” is probably second only to a “Miranda warning” as the most recognizable legal term in this country’s jurisprudence; and, significantly, both of these U.S. [read post]
9 Aug 2011, 8:10 pm
37.07: The Use of Prior Criminal Record, Bad Acts, Reputation and Character at Sentencing By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Once a defendant has been convicted in Texas, either by a jury or a judge, a separate hearing under Art. 37.07 of the Texas Code of Criminal Procedure must be conducted to determine the punishment of the defendant. [read post]
4 Oct 2013, 3:39 am
District Court Judge John A. [read post]
9 Jun 2007, 7:19 am
The Houston Chronicle reports that the three Houston attorneys on the arbitration panel determined in March that O'Quinn's deduction was not authorized by his contracts with his clients, and that they are now deciding damages. [read post]
11 Nov 2009, 4:21 am
As the Houston Chronicle's Rick Casey pointed out, "the job of the commission is to investigate science, not crime. [read post]
5 Oct 2007, 8:51 am
That's the headline in the Houston Chronicle about Judge Jennifer Walker Elrod's elevation to the U.S. [read post]
2 Oct 2013, 8:27 pm
District Judge John A. [read post]
