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20 Jun 2011, 3:02 am
Court of Appeal (Civil Division) Sinclair Collis Ltd, R (on the application of) v The Secretary of State for Health [2011] EWCA Civ 437 (17 June 2011) Zinda v The Governing Body of Barn Hill Community High & Ors [2011] EWCA Civ 690 (17 June 2011) High Court (Administrative Court) Bramall v Secretary of State for Communities and Local Government & Anor [2011] EWHC 1531 (Admin) (17 June 2011) High Court (Commercial Court) Beazley Underwriting Ltd & Ors v The Travelers Companies… [read post]
21 Nov 2011, 10:07 am
Outrageous Allegations of Child Sexual Abuse and Failure to Report Devastate Presumption of Innocence and Shift Burden of Proof By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Contrary to the screaming media pundits, who have thrown the presumption of innocence out the window, we do not know if former Penn State defensive coordinator is guilty of the 40 child sexual abuse allegations leveled against him by a “Happy Valley” grand jury. [read post]
28 Aug 2008, 7:43 pm
Following Booker, Kimbrough, Rita and Gall; District Courts Exercising Power to Sentence as Deemed Appropriate, Considering Case-Specific Factors, § 3553(a) By: Houston Criminal Defense Lawyer John Floyd and Senior Paralegal Billy Sinclair Before 1984, criminal sentencing in federal courts was heavily criticized because of the disparate sentences imposed for similar conduct and because of the uncertainty as to the length of time offenders would actually serve in prison. [read post]
24 Nov 2011, 1:43 am
Court of Appeal (Criminal Division) Willett, R v [2011] EWCA Crim 2710 (23 November 2011) Court of Appeal (Civil Division) Glatt v Sinclair [2011] EWCA Civ 1317 (23 November 2011) Sharma & Anor v Simposh Ltd [2011] EWCA Civ 1383 (23 November 2011) Schutz (UK) Ltd v Werit UK Ltd & Anor [2011] EWCA Civ 1337 (22 November 2011) High Court (Administrative Court) Elvington Park Ltd v Secretary of State for Communities & Anor [2011] EWHC 3041 (Admin) (23 November 2011) High… [read post]
23 Mar 2012, 6:17 am
Two Privileges Protecting the Husband-Wife Relationship: Confidential Communications and Refusal to Testify in Criminal Proceedings By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair As we pointed out in a 2008 post, there are two marital/spousal privileges in Texas: the confidential communication privilege as defined by Rule 504(a) and the privilege not to testify in a criminal trial as defined by Rule 504(b) of the Texas Rules of Evidence. [read post]
29 Mar 2010, 10:12 pm
Texas Prosecutors Use HIV as Deadly Weapon in Aggravated Sexual Assault Case By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair Let us state quite emphatically at the outset that we do not know if K. [read post]
3 Sep 2010, 1:04 am
Lying Texas Ranger, Overzealous Child Advocate Experts and Pro-Prosecution Judge Mock Justice By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Most human tragedies are produced by random acts of Nature run amok. [read post]
4 Sep 2012, 3:02 pm
Determining Eligibility for Compensation for Wrongful Conviction and Incarceration By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair The Tim Cole Act (TCA) was named after Timothy Cole, a former Texas Tech student who was wrongfully convicted in 1986 of rape in Lubbock, Texas. [read post]
18 Nov 2010, 2:29 am
Texas Penal Code 21.02, Continuing Sexual Abuse of a Child, Thwarts Long Established Requirement of Unanimous Verdicts By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair It’s been called arguably the second “most serious offense” in the State of Texas: Texas Penal Code 21.02, The Continuous Sexual Abuse of a Child. [read post]
5 May 2009, 10:39 am
Offer of Proof; Preserving Error for Appellate Review under Rule 103(a) (2) By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair In a recent article ("False Forensics: An Attorney's Worst Nightmare. [read post]
12 Jun 2012, 3:33 pm
Using Statements of Government Witnesses to Impeach Testimony By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair There are five primary sources outlining the obligations of U.S. [read post]
21 Oct 2011, 1:24 pm
Williamson County Justice System under Scrutiny by State Bar of Texas By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Since our last post about the tragic case of Michael Morton, the “prosecutor of the year” in that case, now District Judge Ken Anderson, and his cohort, Mike Davis, who actually prosecuted Morton for the 1986 murder of his wife, face investigations by the State Bar of Texas and Morton’s attorneys, according to the Austin Statesman.… [read post]
29 May 2010, 7:46 am
Indefinite Detention: Preemptive Punishment for Future Sex Crimes By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair On May 17, 2010 the United States Supreme Court in United States v. [read post]
18 Sep 2011, 1:07 pm
Fifth Circuit’s Decision on Restitution in Possession of Child Pornography Cases Creates Sentencing Nightmare By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair In theory the criminal justice system has a fundamental obligation to provide restitution to crime victims. [read post]
28 Dec 2011, 12:18 am
Filing Grievances, Request for Courts of Inquiry in Wrongful Conviction and Exoneration Cases By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair On December 12, 2011, writing for Mother Jones, Beth Schwartzapfel and Hannah Levintova published a piece titled “How Many Innocent People Are In Prison? [read post]
15 Jun 2012, 11:38 am
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Any form of criminal violence is a human tragedy. [read post]
2 Oct 2012, 3:49 pm
Rule 403: Courts Should View Child Porn if Defense Moves to Exclude as Unfairly Prejudicial… By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Jurors in criminal trial are sometimes called upon to view difficult, disturbing pieces of evidence. [read post]
10 Aug 2009, 7:39 am
Schreuer (Universität Wien - Law), with Loretta Malintoppi (Eversheds LLP), August Reinisch (Universität Wien- Law), & Anthony Sinclair (Allen & Overy LLP), have published the second edition of The ICSID Convention: A Commentary (Cambridge Univ. [read post]
25 Oct 2011, 11:35 am
Harris County Grand Jury Probe focuses on HPD’s Breath-Testing Vans By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair This is our fourth post this year concerning out of control law enforcement “no refusal” DWI policies (here, here, and here). [read post]
12 Oct 2016, 12:53 pm
Sinclair Broadcast Group, which operates or provides services to 173 television stations across the country, recently announced it was going “all in” on newsgathering drones. [read post]
