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2 May 2012, 2:14 pm by johntfloyd
Courts of Appeal Continue Struggle with Crawford and Progeny By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Reinaldo Berrios, Troy Moore, Angel Rodriquez, and Felix Cruz were charged, and ultimately convicted, of a series of violent felonies in Puerto Rico and the Virgin Islands in 2004, including the murder of an off-duty police officer during an attempted robbery. [read post]
16 Jul 2011, 2:13 pm by johntfloyd
Lack of Evidence and Reasonable Doubts Lead to Acquittal By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Now that Casey Anthony has been acquitted on the most serious charges resulting from the death of her young daughter, Caylee, and is scheduled for release next week, virtually every media pundit, along with their side-kick “expert” attorneys has had their say about the case. [read post]
14 May 2011, 5:16 pm by johntfloyd
Texas Must Afford Due Process before Imposing Sex Offender Conditions on Parolees By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair The Center for Missing and Exploited Children has reported that there are, on average, 234 registered sex offenders per 100,000 residents in the United States—a total of nearly 730,000 such offenders, with more than 61,000 residing in the State of Texas, making this State second only to California’s approximately 123,000… [read post]
16 Mar 2010, 11:23 pm by johntfloyd
By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair Some defense attorneys—and not without a legitimate basis—mistakenly believe that if a police officer detects the odor of marijuana inside a residence, the officer does not have probable cause to enter the residence and arrest the suspected owner of the drug without a warrant. [read post]
15 Mar 2012, 2:39 pm by johntfloyd
Preventing Wrongful Convictions by Legislating Prosecutorial Accountability By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Angela Davis, professor at American University’s Washington College of Law and former head of the D.C. public defender’s office, was quoted in the Washington Post last October as saying: Prosecutors “are the most powerful officials in our criminal justice system. [read post]
26 Sep 2009, 2:45 pm
Recent Terrorism Related Arrests Illustrate Need to Consult Lawyer Before Interviewing with Law Enforcement By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair This legal maxim is rooted in the very soul of every criminal defense attorney. [read post]
13 Sep 2010, 3:09 pm by johntfloyd
Current Eyewitness Identification Procedure Reinforce False Memories and Lead to Wrongful Convictions By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair There have been 258 DNA exonerations in this country over the last two decades, according to the New York-based Innocence Project. [read post]
12 Nov 2011, 12:48 pm by johntfloyd
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]
27 Jun 2011, 2:42 pm by johntfloyd
Age is Proper Factor in Miranda Custody Analysis By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair One thing you can depend upon, any time the U.S. [read post]
29 Oct 2011, 12:15 pm by johntfloyd
Innocence Project Strikes Again: Henry James Freed After 30 Years By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Thanks to the efforts of the New York-based Innocence Project, Henry James became the 273rd inmate in this country to be exonerated by DNA evidence. [read post]
11 Apr 2012, 2:49 pm by johntfloyd
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]
15 Aug 2009, 12:49 pm
Court of Criminal Appeals of Texas Finds Lawyer's Careful and Repeated Objections did not Preserve Error By:  Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair Criminal trials are governed by strict rules of evidence and procedures. [read post]
27 May 2010, 10:39 pm by johntfloyd
Know Your Legal Rights Before Talking to the FBI By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair The Fort Hood shooting massacre last year, the Christmas day bombing attempt, and the Times Square car bombing attempt have prompted the FBI to again increase its surveillance of the Muslim American community in this country. [read post]
24 Feb 2010, 10:18 am by johntfloyd
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]
4 Dec 2011, 2:35 pm by johntfloyd
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]
19 Feb 2011, 10:24 pm by johntfloyd
Computer Crimes and Prosecutions on the Rise: Cyber Espionage, Theft of Corporate Trade Secrets and Identity Fraud Continue to Increase By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Every human invention designed to benefit mankind has always been corrupted for illegal and immoral purposes. [read post]
24 May 2012, 3:55 pm by johntfloyd
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]
7 Jul 2011, 4:35 pm by Beard Stacey & Jacobsen, LLP
The Coast Guard medically evacuated fishermen Alvin Floyd and John Hodges from a 23-foot commercial fishing vessel on the south end of St. [read post]
15 Feb 2012, 10:55 am by johntfloyd
State: 38.072 Outcry Hearing not Adequate Opportunity to Cross Examine for Sixth Amendment Purposes By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair The Law Who is an “outcry witness?” [read post]
24 Apr 2010, 3:48 pm by johntfloyd
Free Speech: Federal Law Criminalizing Depictions of Animal Cruelty Declared Unconstitutional By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair There are times when the U.S. [read post]