John T. Floyd's Comments on Criminal Issues

THE AGONIZING GITMO DILEMMA

Wed, 18 Nov 2009 09:49:13 GMT

Bringing Enemy Combatants to Justice, Protecting Fundamental Constitutional Values

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

On January 22, 2009, just days after assuming the presidency, Barak Obama announced that he would close the Guantanamo Bay, Cuba, detention facility where hundreds “suspected terrorists” have been held for years without trial under an official Bush-administration created designation “enemy combatant.” Civil libertarians and prominent constitutional scholars have long advocated the closure of the facility while political conservatives have fought hard in the trenches to keep the internationally-criticized torture facility open.

NO ACCOUNTABILITY FOR PROSECUTORS GONE ROGUE

Fri, 13 Nov 2009 08:45:47 GMT

Absolute Immunity from Civil Liability, Accountability for Prosecutors

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

The primary ethical and legal duty of a criminal prosecutor is to serve the interests of justice—not their personal interests of winning at any costs as is too often the case with a many prosecutors. This was made clear in October 2008 in the federal prosecution of then-Senator Ted Stevens (R-Alaska) for high-profile corruption charges. The federal prosecutors in the case were determined to bring down one of the most powerful lawmakers in this country—at any costs. D.C. District Court Judge Emmet Sullivan lambasted those prosecutors at the time saying that in his 25 years on the bench he had “never seen mishandling and misconduct like what I have seen” in Sen. Stevens’ case. The federal judge was so incensed at the prosecutorial misconduct that he appointed an outside attorney named Henry Schuelke to investigate the Stevens prosecutors for possible “criminal contempt.” The matter was essentially resolved when current U.S. Attorney Eric Holder requested, and secured, a reversal of Sen. Stevens’ conviction from Judge Sullivan earlier this year.

THE RIGHT TO AN IMPARTIAL TRIAL STRUCK WITH CRITICAL BLOW

Sat, 07 Nov 2009 21:06:55 GMT

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. He has a pool of prospective jurors representing a cross-section of the community from which to select the people who will hear the facts and fairly consider the case. This jury pool is a minefield of human experiences that range from concealed bias and prejudice to open fairness and impartiality. The task of the defense attorney is to navigate through the minefield without exploding a mine that will injure his client’s opportunity for an impartial trial.

TEXAS ATTORNEY DISCREDITS SPIRIT OF LEGAL PROFESSION

Sat, 31 Oct 2009 03:58:30 GMT

Flagrant Exhibit of Unprofessionalism, Disloyalty to Executed Client Adds to Nationwide Scrutiny of Willingham Execution

By Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

We’re not in the habit of criticizing fellow criminal defense attorneys, but, and unfortunately, we feel compelled to discuss the antics of Mr. David Martin, of Corsicana, Texas, recently displayed on nationwide television. Martin was Cameron Todd Willingham’s defense attorney during Willingham’s August 1992 capital murder trial. Willingham had been charged with intentionally setting fire to his Corsicana, Texas house in December 1991 which killed his three small children. Martin was appointed to defend Willingham who maintained from the outset that he was innocent of starting the fire that killed the three children.

DISTRACTED DRIVING: ‘A MENACE TO SOCIETY’

Mon, 26 Oct 2009 17:22:17 GMT

Death Cause by Distracted Driving While on Cell Phone Leads to Conviction for Negligent Homicide

By Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair.

It was an emotional crime, to be sure. The father of the daughter convicted of the crime now no longer believes in the criminal justice system, and the convicted daughter still does not believe she committed a crime at all—even though the 25-year-old father of a child is dead because of the daughter’s behavior.

DOMESTIC VIOLENCE: A SENSITIVE SUBJECT TO APPROACH

Sat, 24 Oct 2009 18:45:52 GMT

October is Domestic Violence Awareness Month: Friends and Family Need to Get Involved to Stop the Cycle of Abuse, Save a Life

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

This past August Christiana “Tina” Guerra Lewis became another statistic; a victim of a social epidemic far more deadly than the HINI virus. The night before her death, according to the Houston Chronicle, Lewis asked her mother to go with her the next day to get a restraining order against R.P., a man with a lengthy criminal record with at least two dozen arrests including an assault on a family member and injuring a child.

“STOP AND FRISK”

Fri, 16 Oct 2009 21:45:56 GMT

Increased Use of Stop and Frisk Leads to Increased Constitutional Abuses, Legitimizes Racial Profiling

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

Law enforcement officials claim “stop and frisk” is one of their most effective crime prevention practices. Civil libertarians, however, claim that “stop and frisk” is being used as another racial profiling tool against hundreds of thousands of innocent citizens each day across the country. The Associated Press recently released statistics showing that law enforcement stop and question more than one million people each year in the nation’s largest cities—a figure that reflects a sharp increase in the use of “stop and frisk” over the past few years. The AP figures revealed that most of the individuals stopped and frisked were black and Hispanic men, most of whom were innocent of any criminal wrongdoing.

WHO ARE THE REAL HOME GROWN TERRORISTS?

Wed, 14 Oct 2009 20:18:58 GMT

Right-Wing Patriot Groups, White Supremest, Neo-Nazis Pose Growing Threat

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

The mainstream media over the past two weeks has been saturated with an endless stream of stories about Najibullah Zazi, a suspected Afganhani terrorist reportedly involved in a plot of bomb New York City’s mass transit system; Michael Fenton, an American converted to Islam who allegedly planted and attempted to trigger a fake vehicle bomb in front of a Springfield, Illinois federal court building with the help of undercover FBI operatives; and Hosam Maher Smadi, a Jordanian who also allegedly planted and attempted to trigger a fake vehicle bomb at a Dallas skyscraper with the help of undercover FBI operatives. All three allegedly terrorist plots were exposed by the FBI this past September following the arrests of these individuals.

ROGUE JUROR DID NOT PREVENT ACQUITTAL

Wed, 07 Oct 2009 22:30:47 GMT

Another Not Guilty: Client Falsely Accused of Indecency with Child Acquitted After Trial by Jury

By: Houston Criminal Defense Lawyer John Floyd

Every prospective juror summoned to court for jury duty in a criminal case is questioned by counsel for the State and defendant as to his/her willingness to follow the law as given by the judge at the conclusion of the trial. A prospective juror who cannot, for whatever reason, state unequivocally that he/she will follow the law is excused for cause. Thus, a juror accepted by both the defense and the State for jury service has a solemn duty bound by a sworn oath to follow the law.

TEXAS GOV. RICK PERRY IMPEDES INQUIRY ABOUT WHETHER TEXAS EXECUTED AN INNOCENT MAN

Mon, 05 Oct 2009 16:42:58 GMT

Governor’s abrupt Dismissal of Chairman, Two Members of Texas Forensic Science Commission on Eve of Hearing Smacks of Political Cover-up

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

It is one thing for a governor to have possibly presided over the execution of an innocent man but quite another for that governor to effectively shut down an official investigation into whether the forensic evidence used convict the man was reliable.

THE “JUNK SCIENCE” OF DOG SCENT LINEUPS

Fri, 02 Oct 2009 14:10:13 GMT

Popular Law Enforcement Dog Handler Discredited After False Results, Exaggerated Claims of Accuracy Exposed

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

We have blogged (False Forensics: An Attorney’s Worst Nightmare, May 1, 2009) in the past about the dangers of “false forensic” evidence being used in courtrooms to convict innocent people. The New York-based Innocence Project reported in 2007 that 65% of the nation’s first 200 DNA exonerations in this country involved fraudulent, unreliable or limited forensic science. Wrongful convictions based on false forensics—or what is commonly referred to as “junk science”—in the State of Texas occur with the same or at a greater frequency.

SEX OFFENDER REGISTRATION LAWS BEG REFORM

Thu, 01 Oct 2009 06:33:23 GMT

Some in Law Enforcement, Legislatures, Find Federal Sex Offender Registration Laws Too Broad, Onerous

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

In April 2009 CNN reported that there are 38 states in these United States which require juveniles convicted of sex offenses to “register” as sex offenders. The Houston Chronicle (September 21, 2009) featured a front page article by Renee C. Lee (“A Long Wait to Get Past Crime”) which reported that there are approximately 3,600 registered juvenile sex offenders in the State of Texas, according to the Texas Department of Public Safety. The newspaper noted that eleven of these juveniles were ten years of age when they were registered.

NEVER, EVER TALK TO POLICE WITHOUT A LAWYER

Sat, 26 Sep 2009 21:34:49 GMT

Recent Terrorism Related Arrests Illustrate Need to Consult Lawyer Before Interviewing with Law Enforcement

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

This legal maxim is rooted in the very soul of every criminal defense attorney. Even if an individual is innocent, no one should ever talk to the police once the police make it clear they are investigating a crime, or a potential crime, and they feel the individual has either some involvement or knowledge about the crime. This advice is especially true when it comes to the FBI whose agents are skilled in the art of interrogation and proficient at tricking a person into making a false statement.

COURT TAKES HARDLINE STAND IN CHILD EXPLOITATION CASE

Wed, 23 Sep 2009 14:48:49 GMT

Video Taped Consensual Sex with Minor Gets Federal Time

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

The federal statute that governs the production of child pornography provides, in part, that “any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in . . . any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct, shall be punished as provided under subsection (e) . . . if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means . . . .” 1/

LIFE WITHOUT PAROLE FOR JUVENILES ELIMINATED

Mon, 21 Sep 2009 16:54:01 GMT

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. This year Kristin Etter (TCDLA’s Voice of the Defense) has provided this continuing education service from TCDLA to criminal defense attorneys throughout the state. It is not only a continuing education service but an invaluable research tool as well. This blog over the next couple months will feature in depth articles about the most significant pieces of legislation that emanated out of the 2009 Texas Legislature and their potential impact on the state’s criminal justice system with special appreciation to the TCDLA.

DISTRICT ATTORNEY’S OFFICE DOESN’T CARE IF CYNTHIA CASH IS ACTUALLY INNOCENT

Thu, 17 Sep 2009 15:52:15 GMT

The Philosophy of Convict at any Cost Continues in Harris County

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

Dr. Patricia Moore is the former associate medical examiner in Harris County. The Houston Chronicle (Sept. 14, 2009) reported that the doctor has been “repeatedly disciplined for failing to follow procedures and for favoring the prosecution in 1998 and 1999” in child death cases.

During Dr. Moore’s tenure with the Harris County Medical Examiner’s Office, she conducted a number of autopsies in children’s deaths whose results have been challenged as not being medically accurate. One of those autopsies involved the 1998 death of a 4-month-old baby, who died in the care of a babysitter named Cynthia Cash, and led the Harris County District Attorney’s Office to file criminal charges against Cash.

SEX TOURISM: AN INTERNATIONAL DILEMMA

Fri, 11 Sep 2009 10:37:15 GMT

Federal Initiatives Aimed at The Continuing Problems of Human Trafficking , Sex Slavery and Exploitation of Children

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

It was called “Operation Twisted Traveler”—a joint law enforcement initiative between the U.S. Justice Department and U.S. Immigration and Customs Enforcement (ICE) that targeted American citizens traveling to Cambodia to have sex with children. Last month, the Justice Department announced the arrest of three American men charged with traveling to Cambodia to sexually abuse children. All three of the men were allegedly previously convicted of sex offenses involving children.

RACE AND RELIGION: THE STARTING POINT OF TERRORISM INVESTIGATIONS

Mon, 07 Sep 2009 23:24:46 GMT

Religious and Racial Profiling Justified in McCarthy Era Inspired Investigations and Tactics

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

The September 11, 2001 Al-Qaeda attacks on the Twin Towers in New York City, and the reaction to those terrorist attacks by President George Bush’s administration, left this nation with a tragic and despicable legacy that has tarnished our great Country’s reputation and image worldwide. One part of this legacy was the government’s voluntary interview program that used race and religion as the primary factors for initiating contact with individuals which continues to be fueled by the faulty premise that these two factors create “suspect communities” from which real and suspected “terrorists” could be found.

CIA PROBE NECESSARY TO PROTECT RULE OF LAW

Tue, 01 Sep 2009 22:53:12 GMT

Investigating Crimes of Torture: Expecting and Demanding Accountability

By: Houston Criminal Attorney John Floyd and paralegal Billy Sinclair

U.S. Attorney General Eric Holder recently selected a Connecticut federal prosecutor named John H. Durham to investigate whether the CIA’s destruction of the videotapes of harsh interrogation techniques inflicted upon terror suspects between 2002 and 2003 merit a full blown investigation of the agency employees (or independent contractors hired by the agency) who conducted those interrogations and those government officials who approved them.

REFORM OR INCOMPETENCE: THE PAT LYKOS ERA OFF TO UNCERTAIN START

Sat, 29 Aug 2009 23:11:05 GMT

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. Throughout DA Pat Lykos’ 2008 campaign to replace the former district attorney, Charles “Chuck” Rosenthal who was forced to resign in disgrace, rumors dogged the “reform” candidate that, as a criminal district court judge, Lykos had a reputation for being intemperate, rude, and pronged to stirring unrest in both her courtroom and chambers.

ASKING HARD QUESTIONS TO ARRIVE AT THE APPROPRIATE PUNISHMENT

Tue, 25 Aug 2009 19:08:32 GMT

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.

In 2008, Emiliano Escobar, convicted by a jury of the sexual assault of an 18-year-old college student, elected to have 177th Criminal District Court Judge Kevin Fine decide the punishment he should receive. To arrive at a punishment that fit the crime, Judge Fine obviously believed he had a duty to closely question the victim about the nature and circumstances of the alleged sexual assault. At one point during the Judge’s examination of the victim, he commented that “sending a man to prison in the name of law and order is the greatest injustice this society can do.”

2009 CAIR AWARD: ASSISTING THE MUSLIM COMMUNITY

Sun, 23 Aug 2009 17:27:05 GMT

Pro Bono Legal Representation in Voluntary Interviews, Profiling by FBI

By: John Floyd, Houston Criminal Defense Attorney

On August 15th, 2009, I received an award in recognition of my pro bono work for the Muslim community in Houston. CAIR-TX, Houston Chapter, presented the award upon which was inscribed: “In Recognition of: His personal dedication and committed assistance in providing protection to our community from undue harassment from federal agencies.” The award came after years, and hundreds of hours of pro bono work, representing individuals targeted under the Department of Justice’s voluntary interview program. In almost every case, these individuals were targeted for interview simply because of their religious beliefs, places of worship or country of origin and were not suspected of any criminal activity whatsoever. The voluntary interview program is simply an intelligence gathering effort designed to collect data about the Muslim community in hopes of preventing future acts of terrorism.

THE MAGIC DNA BULLET LOSES SOME OF ITS LUSTER

Wed, 19 Aug 2009 21:49:33 GMT

Fabricating Fake DNA, Defending the Accused in the New World

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

We have blogged on several occasions in the recent past about the fallibility of forensic evidence, sharing the opinion of others that more often than not it’s “junk science.” However, DNA evidence has generally remained insulated from the ever increasing scientific indictment of forensic evidence in general. Not any more. The New York Times recently reported (August 18, 2009) about a paper published online by the journal Forensic Science Internal: Genetics. Citing this authoritative paper, the Times reported that scientists in Israel have established that it is now possible to fabricate DNA evidence, “undermining the credibility of what has been the gold standard of proof in criminal cases.”

HOUSTON ATTORNEY ANDY NOLEN: A DISHONEST LAWYER?

Tue, 18 Aug 2009 05:38:36 GMT

By Houston Criminal Defense Lawyer John Floyd

This is a difficult and unfortunate article to post. It is about a fellow attorney: Andy Nolen, or someone associated with the law firm that carries his name. This Houston “criminal defense attorney,” as he calls himself, has been responsible for posting negative “comments” on the Yahoo Local websites about various Harris County criminal defense attorneys, including myself.

TRIAL OBJECTIONS MUST BE CLEAR AND PRECISE

Sat, 15 Aug 2009 19:43:24 GMT

Court of Criminal Appeals of Texas Finds Lawyer’s Careful and Repeated Objections did not Preserve Error

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

Criminal trials are governed by strict rules of evidence and procedures. It is the duty of a defense attorney to not only know but understand these rules and procedures precisely. We have written several times in the past about the harm caused by a defense attorney’s inadvertent failure to make specific, timely and properly lodged objections during the course of a criminal trial. The Texas Court of Criminal Appeals recently delivered that same unreasonable message once again and in no uncertain terms.

SIXTH INNOCENT HARRIS COUNTY MAN FREED

Wed, 12 Aug 2009 17:33:29 GMT

Hall of Shame: Texas Leads Nation in DNA Exonerations

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

That the Houston City Police Department’s Crime Lab was a lawless, rogue unit serving the “convict at any costs” philosophy of the Harris County District Attorney’s Office during the Johnny Holmes and Charles “Chuck” Rosenthal administrations, between 1980 and 2005, is no longer a subject of serious debate. Dozens, possibly hundreds, of innocent people—mostly poor minorities charged with homicides or sex crimes—were railroaded off to Texas prisons based on fabricated (or at best faulty) forensic evidence supplied by the Crime Lab and/or due to mistaken identification secured to corrupt pretrial photo lineup procedures.

SENTENCING ENTRAPMENT: A FALLOUT OF REFORM

Mon, 03 Aug 2009 23:50:52 GMT

Prosecutors and Law Enforcement Officials Manipulate Investigations, Defendants Receive Greater Sentences

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

What is sentencing entrapment?

In a syndicated column that appeared in the Houston Chronicle (July 23, 2009), Larry Frankel, the legislative counsel for the ACLU in Washington, D.C., called sentencing entrapment “a little-known phenomenon in our criminal justice system” and it occurs “when the government through its agents or informants makes a person, who may have a predisposition to engage in one sort of criminal activity, to engage in more serious criminal activity that exposes that person to harsher punishment.”

A GOOD FAMILY DOCTOR OR A SECRET PEDOPHILE?

Wed, 29 Jul 2009 17:01:44 GMT

Child Pornography and Exploitation

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

Neighbors say the couple that lived in the $1 million home in the 11100 block of South Country Squire Road were “the sweetest on the block” who brought cakes to the new home owners that moved into the exclusive neighborhood. The 69-year-old orthopedic surgeon who lived at the residence was considered the “ideal grandfather figure.” He reportedly bought expensive gifts, including rent-free houses, for the economically deprived parents of several of his youngest child patients. Over a two-decade period he spent as much as $250,000 on these gifts.

THE UNRELENTING MARCH AGAINST FLDS

Sat, 25 Jul 2009 21:06:13 GMT

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.

MENTALLY RETARDED TEEN GETS 100 YEARS

Wed, 22 Jul 2009 08:16:51 GMT

Mentally Disabled Youth with IQ Of 47, Allowed to Plead Guilty to Sexual Assault of a Child, Judge Orders Sentences to be Served Consecutively

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

The jury said it did not like the sentencing options made available to it. The judge said he was not pleased that he had to sentence an 18-year-old Paris, Texas teenager to 100 years in prison. The district attorney said he “sympathized” with teenager’s situation but it had to be remembered that he “committed a violent sexual crime against a little boy.”

CHILD ADVOCATES OR HIRED GUNS?

Sat, 18 Jul 2009 06:19:41 GMT

Criminal Defense Attorneys Must Be Prepared To Aggressively Challenge Child Assessment Center, Child Abuse Experts

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

The “Mission” statement of the Houston Children Assessment Center “is to provide a professional, compassionate, and coordinated approach to the treatment of sexually abused children and their families and to serve as an advocate for all children in our community.” In its 2008 Annual Report, Yolanda Green, President of the Board of Directors of CAC, added that CAC “is an agency where children whose lives have been torn apart are given hope and the opportunity to begin the road to recovery.”

THE DIFFICULTIES FACED IN INSANITY CASES

Wed, 15 Jul 2009 08:26:13 GMT

Lawyer Ineffective for Failure to Investigate, Request Medical Records Indicating Possible Insanity; (Be careful what you ask for…)

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

Spencer Ojeifo Imoudu was not a normal individual. In August 2005 the Bexar County resident stole a vehicle parked outside a pawn shop. The vehicle belonged to the owner of the pawn shop. He, and another witness, saw Imoudu get in the vehicle and drive off. The two men raced to the witness’s truck and sped away after Imoudu. During the high speed chase, Imoudu turned into oncoming traffic, crashing head on into an oncoming vehicle. The driver of the other vehicle was killed. Imoudu was arrested and charged with felony murder and manslaughter. He eventually pled guilty to the two charges in exchange for a 17-year sentence with an affirmative finding of a deadly weapon. 1/

SUPREME COURT CHANGES CONFESSION LANDSCAPE

Wed, 08 Jul 2009 22:08:10 GMT

Montejo v. Louisiana; Suspects in Criminal Investigations Must Invoke Right to Counsel and Remain Silent, Even if Represented by Counsel

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

Former U.S. Supreme Court Justice Robert H. Jackson often warned his judicial colleagues that the court was “forever adding new stories to the temples of constitutional law, and the temples have a way of collapsing when one story too many is added.”

In May, 2009, The Supreme Court removed a story from the constitutional rules protecting criminal suspects against police-coerced confessions. A criminal defense attorney’s most dreaded hurdle is incriminating statements obtained from his/her client outside the presence of legal counsel. The Supreme Court’s latest excursion into this constitutional arena has resulted in a definitive ruling that will make it easier for prosecutors and law enforcement authorities to secure such statements from criminal defendants, even those who are known to be represented by counsel.

SHOULD EVIDENCE OF PRIOR FALSE ABUSE ALLEGATIONS BE ADMISSIBLE IN SEXUAL ASSAULT CASES?

Mon, 06 Jul 2009 17:57:51 GMT

Inadmissible Evidence under 608(b) of the Texas Rules of Evidence May be Admissible under 613(b), Rule 412 or Confrontation Clause

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

A Harris County federal jury recently awarded $5 million to George Rodriquez for the 17 years he spent in the Texas prison system after being wrongfully convicted of the rape of a 14-year-old girl. And a Harris County district court judge last December ordered Ricardo Rachell released after he spent six years in the Texas prison system after being wrongfully convicted of sexually molesting an eight-year-old boy.

MICHAEL JACKSON’S DEATH, POTENTIAL CRIMINAL LIABILITY

Fri, 03 Jul 2009 17:12:49 GMT

Doctors Move to Hire Criminal Defense Attorney Vital in Protecting His Reputation and Liberty in the Jackson Whirlwind

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

The death of celebrity brings out the worst in humanity. The recent death of singer/entertainer Michael Jackson has once again proven this tragic point. We have seen it all before: the lurid headlines, anonymous sources, and grist mill of rumors all designed to insinuate wrongdoing by any and every one associated with the celebrity-figure from nanny to granny. To paraphrase American author Ann Morrow Lindberg, we make our heroes in America only to destroy them.

IS ROBERT ALLEN STANFORD A REAL FLIGHT RISK?

Thu, 02 Jul 2009 16:06:53 GMT

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”). The indictment charged that Stanford conspired with others associated with his business enterprise, the Stanford Financial Group, to commit wire fraud, mail fraud, and obstruction of a Securities Exchange Commission investigation. The indictment essentially charged that Stanford and his co-conspirators were responsible for the loss or theft of nearly $1.1 billion investors had deposited through Certificates of Deposit into the Stanford International Bank.

THE DNA FALLOUT CONTINUES

Tue, 30 Jun 2009 22:53:40 GMT

District Attorney’s Office of the Third Judicial District v. Osborne; U.S. Supreme Court Blocks Ability for Wrongfully Convicted to Prove Innocence

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

George Rodriquez spent 17 years in the Texas prison system for a crime he did not commit. He was 26 years of age in 1987 when he was wrongfully convicted by a Harris County jury for the rape of a 14-year-old girl. The jury based its decision on a critical piece of forensic evidence; a pubic hair found in the victim’s underwear. A serologist with the Houston City Police Department’s Crime Lab determined that the pubic hair did not belong to another suspect in the rape case, Isidro Yanez. The serologist testified at Rodriquez’s trial, saying that while his forensic testing ruled out Yanez, it did not rule out Rodriquez.

A DEFENSE ATTORNEY IN THE HEAT OF BATTLE

Tue, 23 Jun 2009 16:49:20 GMT

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. Sex offense cases involving children are the most difficult for a criminal defense attorney to try. Defense attorneys must be very careful and thorough during the voir dire of prospective jurors to identify any hidden biases a juror may harbor in such cases. It is not always easy to sift through an individual juror’s personality in the short period of time, and with a limited number of questions, to identify and isolate any prejudices the juror may have against the defendant.

U.S. SUPREME COURT LIMITS VEHICLE SEARCHES

Sat, 20 Jun 2009 18:50:30 GMT

Arizona v. Gant, 129 S.Ct. 1710, (2009); Vehicle Searches after Arrest

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

Consider the following hypothetical. Two patrol officers with the Houston Police Department were following a Cadillac in an area known for gang and drug activity. Loud music was coming from the vehicle as it swerved several times from lane to lane. The officers decided to stop the vehicle for failure to maintain a single lane of traffic. In Texas, a law enforcement officer may lawfully stop a person for a traffic law violation. 1/