John T. Floyd's Comments on Criminal Issues

ARE WE ALL POTENTIAL JIHADISTS?

Thu, 18 Mar 2010 07:17:20 GMT

Arrest of “Jihad Jane” Adds Fuel to Fight Against Racial Profiling

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

Leonard Pitts is an excellent columnist. He recently wrote a piece about Colleen LaRose, the Pennsylvania housewife turned Islamic jihadist, whose arrest made it abundantly clear why airport security is not only necessary but essential. Whether conscious or not, most Americans believe “terrorists” can be easily profiled by their physical appearance,” unusual” accents, the clothes they wear, or the facial hair they sport. “Terrorists” are not white, blond, and mainstream in dress and mannerisms. American media has convinced us that real terrorists are either bearded Arabs or dark-skinned Africans who dress like Muslims.

CAN THE SMELL OF POT LEAD TO WARRANTLESS ARREST?

Wed, 17 Mar 2010 06:16:23 GMT

Odor of Burnt Marijuana, alone, may be sufficient for a warrantless entry but insufficient to establish probable cause for a specific arrest.

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

Some defense attorneys—and not without a legitimate basis—mistakenly believe that if a police officer detects the odor of marijuana inside a residence, the officer does not have probable cause to enter the residence and arrest the suspected owner of the drug without a warrant. This belief can be traced to a 2002 decision by the Texas Court of Criminal Appeals in State v. Steelman which held that “the detection of the odor of marijuana in a certain place will not inevitably provide probable cause to arrest a person who is at that place.” 1/

“BAD MOON ON THE RISE”

Sun, 14 Mar 2010 20:41:10 GMT

Keep America Safe: Right Wing Fanatics Attack Lawyers, Constitution, and Fundamental Right to Legal Representation

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

Every major movement or cause throughout this nation’s history which sought constitutional protections for those the government had denied, from racial minorities ostracized by segregationists laws to those persecuted for their religious beliefs, was led by lawyers. Our fundamental notions of social justice, which are grounded in this nation’s Bill of Rights and in Federal and state constitutions form the original colonies, exist because of the courage of lawyers to form, frame and preserve those notions. Lawyers have always borne the brunt of criticism from political conservatives who really believe in many respects that our government should be run as a totalitarian state like fascism. We saw this tragic reality when the Klu Klux Klan was once one of the most powerful political forces in this country, when McCarthyism’s “guilt by association” became the rule of law, and when segregationists labeled civil rights leaders like Martin Luther King “agents of communism.” It was lawyers who led the way in bringing about an end to the underlying fanatical political ideology that created and sustained the government-sponsored repression of social justice during each of these dark moments in our nation’s history.

TEXAS DEATH PENALTY PROCEDURE UNCONSTITUTIONAL?

Tue, 09 Mar 2010 05:42:47 GMT

udge Acknowledges Innocent People Have Likely been Executed

Harris County Criminal District Court Judge Kevin Fine on Thursday, March 4, 2010, created a tsunami of controversy in the Texas legal community when he reportedly made a comment that he was declaring the state’s death penalty unconstitutional. The comment was made during a hearing on a motion filed by defense attorneys in the case of John Edward Green Jr. who is facing a capital murder charge. What Judge Fine actually did was to declare Article 37.071 of the Texas Code of Criminal Procedure unconstitutional which is the statute that outlines the procedures for imposing the death sentence in this state.

BIG BROTHER’S WATCHING!

Fri, 05 Mar 2010 08:05:01 GMT

Law Enforcement Seeks Cell Phone Surveillance in Continued War on Crime; But Who’s Watching Them? …Federal Judges

In an article titled “The Snitch In Your Pocket,” Newsweek Magazine (March 1, 2010) reported that in recent years Federal prosecutors have been “seeking what seemed to be unusually sensitive records, internal data from telecommunications companies that showed the locations of their customers’ cell phones—sometimes in real time, sometimes after the fact.” The prosecutors justified their pursuit of this individualized personal information “to trace the movements of suspected drug traffickers, human smugglers, even corrupt public officials” through their cell phones.

PROBLEMS WITH POSITIVE IDENTIFICATIONS

Fri, 26 Feb 2010 20:52:26 GMT

Leading Cause of Wrongful Convictions: Mistaken Identification by Eyewitnesses

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

There have been 251 innocent people exonerated in this country by DNA evidence over the last two decades. The most disturbing aspect of this phenomenon of “convicting the innocent” is that more than 75 percent of those convictions involved mistaken identifications (according to the New York-based Innocence Project)—one or more witnesses pointing a finger of guilt at the wrong person. What is even more disturbing is that at least one-third of these mistaken identification cases involved two or more witnesses.

A “TIP OF THE HAT” FOR A JOB WELL DONE:

Wed, 24 Feb 2010 18:09:44 GMT

Court Recommends New Trial for Man Sentenced to Life in Prison for Capital Murder After Finding State’s Expert Testimony Incompetent

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

We have blogged rather extensively about the “convict at any costs” agenda which has ruled the Harris County District Attorney’s Office for the past three decades. “Convict at any costs” means the frequent use of fabricated forensic evidence, knowingly allowing perjured testimony into a criminal trial, withholding exculpatory evidence from defendants (particularly those known to be innocent), and injecting race in its death penalty decision-making.

AN ELECTION TORPEDOES THE CONSTITUTION

Thu, 18 Feb 2010 22:48:33 GMT

AN ELECTION TORPEDOES THE CONSTITUTION

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. Elected to replace the legendary liberal Senator Ted Kennedy, who died of brain cancer last August, Brown used the “politics of terror” to seal his stunning upset victory over Massachusetts Attorney General Martha Coakley. Brown accused the Obama administration of being “soft on terror” with its decisions to close Guantanamo Bay and to prosecute “9/11 mastermind” Khalid Sheikh Mohammad and co-conspirators in a New York federal civilian court rather than before a military tribunal.

RELEASED SEX OFFENDERS: A GROWING UNDERCLASS

Mon, 15 Feb 2010 16:00:20 GMT

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

In 1994 the United States Congress passed the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act which required all states to create programs mandating that certain kinds of sex offenders register with state or local authorities. Congress added teeth to the Act by threatening the states with a ten percent loss of federal anti-crime funding for failure to comply.

MICHAEL JACKSON’S DOCTOR CHARGED WITH INVOLUNTARY MANSLAUGHTER

Thu, 11 Feb 2010 23:59:47 GMT

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

How do you save someone determined to destroy himself?

That question will surely be in the mind of most jurors who will ultimately decide the personal and professional fate of Dr. Conrad Murray, a Houston cardiologist, who was formally charged on February 8, 2010 with involuntary manslaughter in Los Angeles in connection with Michael Jackson’s death. Murray was the superstar’s personal physician last June when he administered the powerful anesthetic propofol and two sedatives to help Jackson, a renowned insomniac, get some sleep. The sleep aids put the pop singer to sleep permanently.

WHO IS AAFIA SIDDIQUI: TERRORIST OR GOVERNMENT PAWN?

Fri, 05 Feb 2010 20:20:00 GMT

The Tragic Case of the “The Gray Lady of Bagram”

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

The U.S. Government contends Aafia Siddiqui’s alleged links to terrorism began in June 2001—some three months before the 9/11 terror attacks on New York City’s Twin Towers. According to government sources, Siddiqui made a trip from Quetta, Pakistan to Monrovia, Liberia, where she was met by a car and driven to the Hotel Boulevard, a known al Qaeda safe house. A week later Siddiqui allegedly left Monrovia in the same inauspicious manner in which she arrived—the only difference being is that she carried with her a large parcel of Africa’s illegal diamonds, a hard-to-trace but key funding source for al Qaeda’s terror operations.

MORE EVIDENCE OF BAD EVIDENCE, AGAIN

Fri, 29 Jan 2010 21:47:51 GMT

Criminal Defense Attorneys Must Question Findings, Conclusions of Forensic Experts

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

We have posted a number of blogs about the “junk science” associated with forensic evidence—a science popularized by network television with drams like “CSI” and its spin-offs. It would indeed by an ideal world if all the evidence-gathering and analysis reflected in these TV programs reflected the real world of crime and criminal prosecutions. The reality is that while these shows may entertain their legion of loyal viewers, they do a tremendous disservice to our criminal justice system. http://www.newscientist.com

VIOLENCE IS A NATURAL GROWTH INDUSTRY

Sun, 24 Jan 2010 23:47:43 GMT

Prison Systems Breed Future Violence

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

The Wall Street Journal (Jan. 8, 2010) carried a report about the decreasing violent crime rate across the country. The report, based on FBI statistics, said all major violent crimes—homicide, forcible rape, robbery and aggravated assault—have been decreasing since 2007. Homicides decreased by 4.4 percent between 2007 and 2008, and by 10 percent during the first six months of 2009. Major cities like Washington, D.C., San Francisco, and Los Angeles recorded decreases in homicides levels not seen since the 1960s.

CHILD PORNOGRAPHY: JUDICIAL CHAOS LEADS TO HORRIFIC SENTENCING DISPARITIES

Wed, 20 Jan 2010 18:26:06 GMT

Court Describes Federal Sentencing Disparities as “A Picture of Injustice”

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

In 1984 the United States Congress enacted the Sentencing Reform Act (“SRA”), and as part of the Act, Congress created the United States Sentencing Commission (“Commission”) to “establish sentencing policies and practices for the Federal criminal justice system.” 1/ The Commission was charged with the responsibility of creating U.S. Sentencing Guidelines (“Guidelines”) that would assist Federal judges in the sentencing process to fulfill Congress’ five purposes for imposing criminal sentences. 2/

THESE ARE DANGEROUS TIMES IN WHICH WE LIVE

Thu, 14 Jan 2010 06:51:30 GMT

Civil Commitment: Pre-Emptive Strike against Future Acts by Convicted Sex Offenders

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

In 1999 John Charles Volungus plead guilty in the United States District Court for the Western District of Kentucky to three federal criminal sex offenses: possession of child pornography; receipt of child pornography through interstate commerce by means of a computer; and use of a facility of interstate commerce (computer) to persuade a person under the age of eighteen to engage in a sexual act. 1/ He was sentenced to 53 months in the custody of the Federal Bureau of Prisons (“BOP”) to be followed by a term of supervised release. He was released from actual custody only to have his supervised release revoked. He was returned to the custody of the Bureau of Prisons for another23 months. This latter term of imprisonment expired on February 15, 2007. 2/ Although housed at a number of different facilities while in the custody of the BOP, Volungus was confined at the Federal Medical Center Devens in Ayer, Massachusetts (a prison hospital) when he completely satisfied his prison sentence. 3/

MILITARY COMMISSIONS ACT OF 2009

Sat, 09 Jan 2010 07:57:56 GMT

Fear Mongers Continue Calls for Military Tribunals to Avoid Burdens of Complying with Constitution and Rule of Law

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

The day after we posted our blog “Argument Against Gitmo Closure Defeated By Act of Terrorism” (Dec. 28, 2009), in which we pointed out that Republican opponents of the Obama administration’s decision to close Guantanamo Bay, had not suggested that Christmas Day attempted airline bomber Umar Farouck Abdulmutallab be tried before a military tribunal rather than in a civilian court, Rep. Peter King (R-N.Y.) led an awakened chorus of Republican voices saying Abdulmutallab should not be tried as a “criminal defendant” in a federal civilian court but rather as a “terrorist” before a military tribunal.

ARGUMENT AGAINST GITMO CLOSURE DEFEATED BY ACT OF TERRORISM

Mon, 28 Dec 2009 18:00:20 GMT

Recent Arrest, Detention and Charging of Attempted Airplane Bomber Illustrate Fed’s Ability to Handle Terror Suspects in Civilian Courts

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

Two recent decisions by President Obama’s administration has drawn intense criticism designed to manipulate the natural fear Americans have of terrorism since 9/11: the decision to try the 9/11 mastermind Khalid Sheikh Mohammed (KSM), and his co-conspirators, in a New York federal civilian court and the decision to transfer “terror suspects” currently housed at the U.S. detention facility (“Gitmo”) in Guantanamo Bay, Cuba to the Thomson Correctional Center in Thomson, Illinois.

EXTRANEOUS OFFENSE EVIDENCE IN FEDERAL COURT

Wed, 23 Dec 2009 11:23:14 GMT

robative or Prejudicial: Evidence of Previous Drug Convictions Admitted to Show Proof of Intent in Drug Case

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

We have written recently about the dangers of the use of extraneous offense evidence at the state trial level; specifically, that the Texas Court of Criminal Appeals has virtually eliminated the availability of any defense in sexual assault cases, particularly those involving a child, when the State has in its possession extraneous offense evidence and the defendant wished to avoid its admission in court. The Fifth Circuit Court of Appeals recently confronted and outlined the parameters of extraneous offense evidence at the federal trial level.

THE REAL DANGER OF EXTRANEOUS OFFENSE EVIDENCE

Sat, 19 Dec 2009 14:04:16 GMT

Man Convicted on 2 Counts Indecency with a Child Found Actually Innocent After Nearly Two Decades in Prison: Extraneous Evidence False, Expert Testimony Wrong.

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

We have written on numerous occasions about the dangers of “extraneous offense evidence” when allowed into evidence in a criminal trial. What is extraneous offense evidence?

Extraneous evidence is evidence of another crime, wrong or bad act that is not relevant to proving the specific allegation made in the charging instrument, information or indictment. For example, a prior unrelated DWI conviction would be an extraneous crime in an arson case. It would generally be inadmissible in the guilt/innocence stage of a criminal case because it is irrelevant to the arson charge and has no bearing on any fact that is of consequence in that case.

SEXUAL ASSAULT CASES: THE RIGHT TO PRESENT A DEFENSE EFFECTIVELY ELIMINATED

Tue, 15 Dec 2009 18:22:39 GMT

Defense Attorneys Fight Prosecutors Prejudicing the Jury with Extraneous Acts, Wrong, Crimes

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

It is the firm belief of among defense attorneys that a criminal defendant should only have to defend against the charge leveled in a charging instrument: a bill of information or a grand jury indictment. But that is not the case in nearly every sexual assault case, especially those involving children. The prosecution will generally find a way to introduce what is called “extraneous offense evidence,” which is uncharged sexual offenses or bad acts involving either the victim or someone else. Thus, a sexual assault defendant frequently finds himself having to defend against not only the crime charged but against uncharged acts as well.