CRIMINAL JURISDICTION

Criminal Law Blog by Defense Lawyer John Floyd and Mr. Billy Sinclair

July 25, 2009

THE UNRELENTING MARCH AGAINST FLDS

Texas Legislature Joins the Hunt

By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair.

Besides March winds, April showers, and June humid heat, the one thing you can go to bank on: when state lawmakers, either in Texas or any other state, get involved is trying to legislate religion and morality, you will have a witch-hunt. Lawmakers are generally panderers to public opinion, not servants of public interest. If they believe one vote can be had by manipulating public fears or social outrage, they will get involved in any issue that generates media attention. The Eldorado, Texas-based FLDS (Fundamentalist Church of Jesus Christ of Latter Day Saints), therefore, became an ideal target for legislative scrutiny during this past session.

In April 2008 the Texas Rangers, in cooperation with local law enforcement officials and the state’s Child Protective Services (“CPS”), raided the church’s compound (known as the YFZ Ranch) on the basis of false information received about child sexual abuse occurring at the compound. Specifically, the information reinforced a popular perception that older FLDS men marry teenage girls in arranged “spiritual marriages” and practice polygamy. The raid resulted in 468 FLDS children being forcefully separated from their parents by CPS before being ordered returned to their families by two state appeal courts. Altogether, ten FLDS men were indicted on a litany of charges ranging from sexual assault to bigamy and failure to report child abuse. None of the men have yet to face trial in the wake of the nearly $20 million law enforcement fiasco.

Determined to get something out of the exorbitant expenditures of tax dollars associated with that 2008 raid, the Texas Legislature this past April conducted hearings on a bill introduced by state Rep. Harvey Hilderbran, R-Kerrville that would make child abuse a Class A misdemeanor and send repeat offenders to jail. Hilderman’s bill would also require CPS to remove perpetrators of child abuse, not the child victims of such abuse, from a home.

“The safety of the children is paramount, and that is our first priority,” Hilderbran stated before the House Human Service Committee which conducted those hearings. (more…)

March 31, 2009

A TEXAS BIGAMY DEFENSE

The Constitutional Implications of Lawrence v. Texas on the Texas Bigamy Statute

By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair

The State of Texas will probably experience of series of bigamy trials stemming from the mass arrests made in the “infamous FLDS case” last year. The John T. Floyd Law Firm has been asked on a number of cases if there is a legitimate constitutional challenge to the Texas bigamy statute. See: Tex. Penal Code, § 25.01.

This answer to this question must necessarily begin with an analysis of a 2006 decision by the Utah Supreme Court, which rejected a litany of constitutional challenges to that state’s bigamy statute, and compared to the Texas statute. See: Utah v. Holm, 137 P.3d 726 (UT 2006), cert. denied, 127 S.Ct. 1371, 167 L.Ed.2d 159 (2007).

Rodney Hans Holm was convicted in Utah for bigamy and unlawful sexual conduct of a minor. He was legally married to Suzie Stubbs in 1986. As a member of the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS), he participated in a “religious marriage ceremony” with Wendy Holm. At age thirty-two, Holm participated in yet another “religious marriage ceremony” with the sister of Suzie Stubbs, sixteen-year-old Ruth Stubbs. Ruth moved into Holm’s house where Suzie, Wendy, and their children already resided. By the time Ruth turned eighteen, she had conceived two children with Holm. Id., at 730.

Holm was arrested, charged with three counts of unlawful sexual conduct with a minor, and charged with one count of bigamy. The jury returned a guilty verdict on each of the charges, and Holm was sentenced to five years on each conviction, with the sentences to be served concurrently, and fined $3,000.00. The sentences and fine were suspended conditioned on three years probation, one year in the county jail with work release, and two hundred hours of community service. Id., at 731-32. (more…)

Powered by WordPress © 2010 John T. Floyd III Crimnal Defense Attorney : Webmaster Kevin Grey Lee