Comments for CRIMINAL JURISDICTION http://www.johntfloyd.com/blog CRIMINAL JURISDICTION: Criminal Law Blog by Defense Lawyer John Floyd and Mr. Billy Sinclair Sat, 07 Nov 2009 20:45:04 +0000 http://wordpress.org/?v=2.7 hourly 1 Comment on DOMESTIC VIOLENCE - A SENSITIVE SUBJECT TO APPROACH by Jennifer Varela http://www.johntfloyd.com/blog/2009/10/24/domestic-violence-a-sensitive-subject-to-approach/comment-page-1/#comment-782 Jennifer Varela Sat, 07 Nov 2009 18:34:06 +0000 http://www.johntfloyd.com/blog/?p=299#comment-782 We are all responsible for domestic violence. We all allow it. Women don't leave because they want to live. Once a woman is caught up in a violent relationship, her options become extremely limited and dangerous. Women are most likely to die when they leave, not when they stay. You say women have options, like the Houston Area Women's Center. We do - and HAWC does a wonderful job - but try calling shelters - I do it all the time - most of the time, they are full. You can't get in. And - a shelter is only a 30-60 day solution. How about after? What if she has kids with the abuser. It is pretty rare that the family courts will not allow him unrestricted access - how does she protect her kids? And - yes those of us on the prosecution side need to fight hard. But, also on the defense side - how about this - how can a defense attorney justify meeting with a victim, writing a statement for her, talking with her - and not giving her safety information - is this person in fact not assisting the batterer in keeping this woman trapped? I am not talking about a defense attorney doing his or her job - I believe in our system - I'm talking about something else entirely. Or, how about when a woman shows up in my office with her "own attorney?" Usually, a friend of the defendent's attorney - is that person truly looking out for the safety and well-being of that woman and her children? And - truly - all of us - every person who knows about a domestic violence situation, a person who sits on a jury, the judges, police officers, cps - everyone - we are all responsible. I agree with you - the battered woman is too - she has to be empowered to take responsbility and exercise safe options. We are all responsible for domestic violence. We all allow it. Women don’t leave because they want to live. Once a woman is caught up in a violent relationship, her options become extremely limited and dangerous. Women are most likely to die when they leave, not when they stay. You say women have options, like the Houston Area Women’s Center. We do - and HAWC does a wonderful job - but try calling shelters - I do it all the time - most of the time, they are full. You can’t get in. And - a shelter is only a 30-60 day solution. How about after? What if she has kids with the abuser. It is pretty rare that the family courts will not allow him unrestricted access - how does she protect her kids?

And - yes those of us on the prosecution side need to fight hard. But, also on the defense side - how about this - how can a defense attorney justify meeting with a victim, writing a statement for her, talking with her - and not giving her safety information - is this person in fact not assisting the batterer in keeping this woman trapped?

I am not talking about a defense attorney doing his or her job - I believe in our system - I’m talking about something else entirely. Or, how about when a woman shows up in my office with her “own attorney?” Usually, a friend of the defendent’s attorney - is that person truly looking out for the safety and well-being of that woman and her children?

And - truly - all of us - every person who knows about a domestic violence situation, a person who sits on a jury, the judges, police officers, cps - everyone - we are all responsible.

I agree with you - the battered woman is too - she has to be empowered to take responsbility and exercise safe options.

]]> Comment on DISTRICT ATTORNEYS OFFICE DOES NOT CARE IF CYNTHIA CASH IS ACTUALLY INNOCENT by Anthony Bates http://www.johntfloyd.com/blog/2009/09/17/district-attorneys-office-does-not-care-if-cynthia-cash-is-actually-innocent/comment-page-1/#comment-780 Anthony Bates Sat, 07 Nov 2009 01:44:54 +0000 http://www.johntfloyd.com/blog/?p=272#comment-780 The Texas Justice system is a joke. The Texas Justice system is a joke.

]]> Comment on TEXAS ATTORNEY DISCREDITS SPIRIT OF LEGAL PROFESSION by Anthony Bates http://www.johntfloyd.com/blog/2009/10/30/texas-attorney-discredits-spirit-of-legal-profession/comment-page-1/#comment-779 Anthony Bates Fri, 06 Nov 2009 21:47:38 +0000 http://www.johntfloyd.com/blog/?p=303#comment-779 I believe Mr. Martin was acting in concert with the procecution in this case. I also believe that once the truth comes out, Mr. Martin and others should be charge with obstruction of justice and first degree murder. Further the family of Mr. Willingham should file a wrongful death lawsuit against Gov Perry. I believe Mr. Martin was acting in concert with the procecution in this case. I also believe that once the truth comes out, Mr. Martin and others should be charge with obstruction of justice and first degree murder. Further the family of Mr. Willingham should file a wrongful death lawsuit against Gov Perry.

]]> Comment on TEXAS ATTORNEY DISCREDITS SPIRIT OF LEGAL PROFESSION by Glenn Larkin http://www.johntfloyd.com/blog/2009/10/30/texas-attorney-discredits-spirit-of-legal-profession/comment-page-1/#comment-771 Glenn Larkin Sun, 01 Nov 2009 01:09:06 +0000 http://www.johntfloyd.com/blog/?p=303#comment-771 For a dufferent view of these charges and countercharges, contacvt Tina Church--tchurch@msn.com. Tina investiagted the case at the tail end, and can offer insight into the games played by Mr Martin and others. The evidence cited in the article tending to prove guilt is all wrong; example: Willingham tried to get back into the house to recscue his children; he was physically restrained by fire fighters, in in any event, he did not get burned watching the fire. (2) He moved his truck because he was afraid that it would explode, adding to the fire. (3) Martin, like little boys playing with matches, offerred an"experiment" that would be laughable as well as tragic. Ignoramce and stupidity do not make science. Willingham's behavior after the fire is no indicia of guilt; people react differently to acute grief, and just because he did not behave differently than you or I, does not make him guilty. The state's jaundiced response is both anti-science and disingenuous. Mr Martin, already under suspension by the state ought to be ashamed of himself, and as a reflection of the Texas mentality; reject scientific reality if it contradicts previous theories. That is the real tragedy in nthis case. G M Larkin MD For a dufferent view of these charges and countercharges, contacvt Tina Church–tchurch@msn.com. Tina investiagted the case at the tail end, and can offer insight into the games played by Mr Martin and others.

The evidence cited in the article tending to prove guilt is all wrong; example: Willingham tried to get back into the house to recscue his children; he was physically restrained by fire fighters, in in any event, he did not get burned watching the fire. (2) He moved his truck because he was afraid that it would explode, adding to the fire. (3) Martin, like little boys playing with matches, offerred an”experiment” that would be laughable as well as tragic. Ignoramce and stupidity do not make science.

Willingham’s behavior after the fire is no indicia of guilt; people react differently to acute grief, and just because he did not behave differently than you or I, does not make him guilty. The state’s jaundiced response is both anti-science and disingenuous. Mr Martin, already under suspension by the state ought to be ashamed of himself, and as a reflection of the Texas mentality; reject scientific reality if it contradicts previous theories. That is the real tragedy in nthis case.

G M Larkin MD

]]> Comment on DISTRACTED DRIVING - A MENACE TO SOCIETY by John Floyd http://www.johntfloyd.com/blog/2009/10/26/distracted-driving-a-menace-to-society/comment-page-1/#comment-763 John Floyd Wed, 28 Oct 2009 22:19:17 +0000 http://www.johntfloyd.com/blog/?p=301#comment-763 I am sorry for your loss Ms. Ralls. I am sorry for your loss Ms. Ralls.

]]> Comment on DISTRACTED DRIVING - A MENACE TO SOCIETY by Shelli Ralls http://www.johntfloyd.com/blog/2009/10/26/distracted-driving-a-menace-to-society/comment-page-1/#comment-762 Shelli Ralls Wed, 28 Oct 2009 18:06:30 +0000 http://www.johntfloyd.com/blog/?p=301#comment-762 I must note to Unknown, that Ms. Montgomery cut off the other driver when she went in his lane. He hit her because she cut him off. 2nd She was charged with making a lane change to enter the freeway, 92 ft to be exact, past the point you can legally enter a ramp. 3rd, she was on her phone at the exact moment of the accident. Only thing that could not be proved was how it disconnected. Thus the reason the DA did not keep focusing on that matter. Even the witness she was talking to was subponead to court and all she could state was "we were disconnected". It is only common sense why they were disconnected. 4th, She had a reckless driving history presented into evidence at trial. This was, as shown in trial, was her usual driving habits. In just the 1 yr leading to the fatility, she was convicted of RUNNING RED LIGHT, LEFT HAND TURN FROM CENTER LANE, SPEEDING TICKETS, NO INSURANCE, and had been arrested for not appearing in court on one or more of those violations. She evaded police for 2 months after the accient for questioning and had to be subponaed to the Grand Jury. When arrest warrant when out for her on the initial charges she AGAIN evaded police for 5 weeks. Her reckless record even goes back until the time she began to drive. If another Judge would have punished her more severely back then, like suspend her license etc, we would not even be having this discussion I would suspect. The evidence was presented, a Jury of 12 and a Judge foud her Guilty. She got PROBATION!!! She didn't die and she in not in prison. So why is she this poor misfortunate girl who has been WRONGFULLY ACCUSED? Its about time attention was brought to distracted driving and it is about time that you could possibly be crimnally charged if tou kill someone. I must note to Unknown, that Ms. Montgomery cut off the other driver when she went in his lane. He hit her because she cut him off. 2nd She was charged with making a lane change to enter the freeway, 92 ft to be exact, past the point you can legally enter a ramp. 3rd, she was on her phone at the exact moment of the accident. Only thing that could not be proved was how it disconnected. Thus the reason the DA did not keep focusing on that matter. Even the witness she was talking to was subponead to court and all she could state was “we were disconnected”. It is only common sense why they were disconnected. 4th, She had a reckless driving history presented into evidence at trial. This was, as shown in trial, was her usual driving habits. In just the 1 yr leading to the fatility, she was convicted of RUNNING RED LIGHT, LEFT HAND TURN FROM CENTER LANE, SPEEDING TICKETS, NO INSURANCE, and had been arrested for not appearing in court on one or more of those violations. She evaded police for 2 months after the accient for questioning and had to be subponaed to the Grand Jury. When arrest warrant when out for her on the initial charges she AGAIN evaded police for 5 weeks. Her reckless record even goes back until the time she began to drive. If another Judge would have punished her more severely back then, like suspend her license etc, we would not even be having this discussion I would suspect. The evidence was presented, a Jury of 12 and a Judge foud her Guilty. She got PROBATION!!! She didn’t die and she in not in prison. So why is she this poor misfortunate girl who has been WRONGFULLY ACCUSED? Its about time attention was brought to distracted driving and it is about time that you could possibly be crimnally charged if tou kill someone.

]]> Comment on DISTRACTED DRIVING - A MENACE TO SOCIETY by John Floyd http://www.johntfloyd.com/blog/2009/10/26/distracted-driving-a-menace-to-society/comment-page-1/#comment-761 John Floyd Tue, 27 Oct 2009 20:48:48 +0000 http://www.johntfloyd.com/blog/?p=301#comment-761 Point noted. Thanks Point noted. Thanks

]]> Comment on DISTRACTED DRIVING - A MENACE TO SOCIETY by Just The Facts http://www.johntfloyd.com/blog/2009/10/26/distracted-driving-a-menace-to-society/comment-page-1/#comment-758 Just The Facts Tue, 27 Oct 2009 01:14:07 +0000 http://www.johntfloyd.com/blog/?p=301#comment-758 Ms. Montgomery was not struck BY the vehicle Mr. Wilcox was in..She changed lanes and was struck by another vehicle that caused her vehicle to strike the vehicle in which Mr. Wilcox was a passenger. No charges were ever brought against the driver who struck Ms. Montgomery which also contributed to the unfortunate chain of events. Ms. Montgomery was not struck BY the vehicle Mr. Wilcox was in..She changed lanes and was struck by another vehicle that caused her vehicle to strike the vehicle in which Mr. Wilcox was a passenger. No charges were ever brought against the driver who struck Ms. Montgomery which also contributed to the unfortunate chain of events.

]]> Comment on DOMESTIC VIOLENCE - A SENSITIVE SUBJECT TO APPROACH by Nancy E Jones http://www.johntfloyd.com/blog/2009/10/24/domestic-violence-a-sensitive-subject-to-approach/comment-page-1/#comment-755 Nancy E Jones Mon, 26 Oct 2009 07:05:57 +0000 http://www.johntfloyd.com/blog/?p=299#comment-755 Thank you for addressing this subject. It is heartbreaking to the ones who love the victims and many times have tried to help them get away. Thank you for addressing this subject. It is heartbreaking to the ones who love the victims and many times have tried to help them get away.

]]> Comment on DOMESTIC VIOLENCE - A SENSITIVE SUBJECT TO APPROACH by DVhelp http://www.johntfloyd.com/blog/2009/10/24/domestic-violence-a-sensitive-subject-to-approach/comment-page-1/#comment-754 DVhelp Sun, 25 Oct 2009 11:46:37 +0000 http://www.johntfloyd.com/blog/?p=299#comment-754 "Three Spouses murdered each day" What a shocking statistic, and one that can be reduced if we keep spreading this message throughout October and beyond! “Three Spouses murdered each day” What a shocking statistic, and one that can be reduced if we keep spreading this message throughout October and beyond!

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