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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]
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]
21 Sep 2009, 9:59 am
Texas Takes Small First Step Towards Humane Treatment, Punishment for Youthful Offenders By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair The Texas Criminal Defense Lawyers Association (TCDLA) releases every two years after each session of the Texas Legislature a summary of new or amended laws enacted during the legislative session. [read post]
17 Sep 2012, 2:17 pm
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]
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]
12 Jun 2010, 10:05 am
Children in Foster Care Residential Treatment Centers at High Risk of Neglect, Mistreatment and Abuse By: By Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair In a 2002 article for Child Trends, Dr. [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]
2 Jul 2009, 9:12 am
The Bail Reform Act of 1984 and the Presumption for Release on Bond By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair On June 18, 2009, a federal grand jury returned a 21-count indictment against Houston businessman and chairman of the Board of Directors of Stanford International Bank, Robert Allen Stanford (also known as "Sir Allen Stanford"). [read post]
17 Apr 2011, 8:42 am
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]
18 Feb 2010, 3:01 pm
Politics of Terror Threaten Constitution By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair The recent election of Republican Senator Scott Brown in Massachusetts has effectively torpedoed the constitutional right to silence by any “terror suspect” arrested on American soil. [read post]
9 Apr 2011, 9:07 am
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]
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]
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]
