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29 Aug 2009, 4:26 pm
Harris County District Attorney's Office Administration Begins to Define Itself By:  Houston Criminal Defense Attorney John Floyd and paralegal Billy Sinclair The Houston Chronicle reported recently in yet another article that a number of veteran prosecutors have departed from the Harris County District Attorney's Office. [read post]
9 Apr 2011, 9:07 am by johntfloyd
While Some Politicians Question Cost Of Incarcerating Drug Offenders, Big Money and Bigger Forfeitures Keeps Texas Tough On Drug Crime By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair An increasing number of states have abandoned the traditional notion that the best way to combat drug use and trafficking is through the costly practice of extended incarceration. [read post]
8 Nov 2011, 3:20 pm by johntfloyd
DA Announces Policy of Hiding Brady, Potentially Exculpatory Evidence By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair We have become convinced that the only way the Williamson County District Attorney’s office will operate in a lawful and ethical manner is for the State Bar to assign an ombudsman to oversee its day-to-day handling of criminal prosecutions. [read post]
7 Aug 2010, 9:37 am by johntfloyd
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]
25 Aug 2012, 3:13 pm by johntfloyd
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]
17 Jun 2009, 1:11 am
City of Houston Sued; Disgraced Crime Lab on Trial After Wrongfully Convicted Man Exonerated After 17 Years in Prison By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair George Rodriquez was a 26-year-old young man in 1987 when he was convicted of raping a 14-year-old girl in Harris County. [read post]
16 Dec 2010, 3:03 am by johntfloyd
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]
7 Feb 2009, 12:25 pm
Obscene Drawings, Cartoons, Sculpture, Paintings that Depict Minors Engaged in Sexually Explicit Conduct Not Protected Free Speech By: Houston Criminal Defense Lawyer John Floyd and Paralegal Billy Sinclair On March 30, 2004, Dwight Whorley visited a public resource room maintained by the Virginia Employment Commission in Richmond. [read post]
17 Apr 2011, 8:42 am by johntfloyd
Guilt by Association: Politically Inspired Fear of Muslims Continues to Infect Politics, Law Enforcement Investigations and Potential Jurors By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair The month of March was saturated with state and national news events which seem to underscore an unfortunate point about Texas and America: we are a society under siege from fear of those we do not understand and, therefore, do not trust. [read post]
12 Jul 2011, 10:42 am by johntfloyd
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]
26 Jul 2011, 4:22 pm by johntfloyd
Federal Crack Sentence Reductions: Defendants Sentenced Pursuant to 11(c)(1)(C) Agreements Eligible for 3582(c)(2) Relief By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair In 2007 the U.S. [read post]
17 Jun 2011, 4:55 pm by johntfloyd
Supreme Court Decisions Expanding “No Knock” Powers of the Police and Insulating Law Enforcement Abuses Allow a Growing Police State By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair We are no fans of “no knock” searches by the police, especially those launched by militarized SWAT units. [read post]
3 Jan 2011, 4:18 am by johntfloyd
Harris County Goose-Stepping to the Beat of a MADD Drum By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Law enforcement authorities in Texas, and at least six other states, this past New Year weekend engaged in an aggressive anti-DWI campaign. [read post]
13 Jul 2010, 3:34 am by johntfloyd
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]
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]
17 Sep 2012, 2:17 pm by johntfloyd
Fourth Amendment: No Reasonable Expectation of Privacy in the GPS Data and Location of Cell Phone By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Between 2001 and 2006, James Michael West ran a large-scale marijuana-trafficking operation in Tennessee. [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]
4 Feb 2011, 11:07 am by johntfloyd
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]
23 May 2011, 7:44 am by johntfloyd
Habeas Claims of Actual Innocence Require “Herculean” Burden by Clear and Convincing Evidence By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair It was March 22, 1987. [read post]
18 Feb 2012, 12:59 pm by johntfloyd
Core of Defense of Third Person Is What the Actor Reasonably Believes Concerning the Situation of the Third Person By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair It was a hectic, confusing scene in Dallas on December 2, 2007. [read post]