In 2013, the Texas Legislature enacted the Michael Morton Act. The Act, which became effective January 1, 2014, requires Texas prosecutors to open their files, provide copies of certain information for defense discovery and to keep records of all the…
Author: John Floyd
2017
The crude joke goes something like this: the difference between a drunkard and an alcoholic is that the drunk does not have to attend meetings.
In a May 30, 2017 decision, Ledezma-Cosino v. Sessions, an en banc panel of…
2017
Category: Appeals | Criminal Justice Reform
Police Force: When Does Reasonable Become Unreasonable
Nearly three decades ago the U.S. Supreme Court, in Graham v. Conner, held that the police may use reasonable force when making an arrest. The Court said, “The ‘reasonableness’ of a particular…
2017
Category: Appeals | Constitutional Law | Drug Crime
It was an issue of first impression for the Texas Court of Criminal Appeals (TCCA): whether a college dorm room is an exception to the guarantee of the Fourth Amendment against unreasonable searches and seizures.
This issue was resolved…
2017
Category: Criminal Law | Federal Criminal Law
Moments before he took his own life in a Massachusetts prison this past April, former NFL star Aaron Hernandez was a convicted murderer. The moment life passed from his body in that maximum security cell, he became an innocent man.…
2017
Category: Appeals | Criminal Law | Murder
Texas has more than its share of bad drivers. One of its cities, San Antonio, ranks in the top ten among the nation’s most dangerous drivers.
In 2016, there were 3,773 traffic fatalities in Texas, according to the Texas…
2017
Category: Federal Criminal Law | Violent Crime
Certain crimes, such as murder, rape, robbery, and assault, are generally associated with the often used term “crime of violence.”
What exactly defines “violence” under the law?
Just as importantly, what elevates violent crimes from state…
2017
Category: Appeals | federal Sentencing
A federal district court judge enjoys broad discretion in determining the criminal sentence to be imposed following conviction. This judicial discretion, however, is limited by the requirement that a judge consider the sentencing factors spelled out in 18 U.S.C. §…
2017
Category: Federal Criminal Law | Sexual Abuse | Tax Evasion | White Collar Crime
What is abuse of power?
That question has become increasingly important to Americans. A new Quinnipiac poll shows that 54 percent of the people in this country believe that President Donald Trump is abusing the power of the presidency.…
2017
Category: Indecency With A Child | Prosecutorial Misconduct | Sexual Assault
THE POLICE AND FABRICATION OF EVIDENCE
The Fourth Amendment to the United States Constitution prohibits the police from fabricating evidence; that the courts still have to remind law enforcement of this basic premise speaks volumes about how intrinsic corruption is…