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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… [read post]
23 Mar 2012, 6:17 am by johntfloyd
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 by johntfloyd
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 by johntfloyd
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 by johntfloyd
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 by johntfloyd
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 by johntfloyd
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]
30 Mar 2011, 1:00 am by johntfloyd
Decades old cases are prosecuted without any new evidence and with critical fact witnesses missing or dead, increasing likelihood of wrongful convictions By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Roy McCaleb was murdered in Harris County on September 22, 1985. [read post]
21 Oct 2011, 1:24 pm by johntfloyd
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… [read post]
29 May 2010, 7:46 am by johntfloyd
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 by johntfloyd
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 by johntfloyd
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 johntfloyd
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Any form of criminal violence is a human tragedy. [read post]
8 Dec 2009, 5:34 am by johntfloyd
Criminal Defense Attorneys Must Request and Analyze Procedures for Testing, Accepted Protocols and Handling of Forensic Evidence By: Houston Criminal Attorney John T. [read post]
22 Apr 2011, 2:12 pm by johntfloyd
Wiretaps and Secret Video Taping by Spouses in the Home Can Lead to Criminal and Civil Exposure By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Marriage may well begin in bliss but during divorce often ends in mutually destructive acrimony between the spouses. [read post]
21 Feb 2009, 1:52 pm
Defense Lawyers Must Prepare for Federal Sentencing By: Houston Criminal Defense Lawyer John Floyd and Paralegal Billy Sinclair The United States Supreme Court in 1996 held that federal district court judges had discretion to depart from the recommendations of the U.S. [read post]
4 Aug 2011, 4:17 pm by johntfloyd
TRE 412 Permits Use of Past Sexual Behavior in Limited Circumstances By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Every state in these United States have what is known as “rape shield statutes”—laws that limit a criminal defendant’s ability to cross examine sexual assault victims about their past sexual behavior. [read post]
2 Oct 2012, 3:49 pm by johntfloyd
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]
25 Oct 2011, 11:35 am by johntfloyd
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]