In the heyday of his career as an “expert” for unscrupulous prosecutors around the state, Keith Pickett enjoyed a star witness status—the Hound Dog Handler, as he was called, sent many people to prison, some of whom were innocent, for…
Category: Appeals
Oct.01
2017
2017
Posted By: John Floyd
The Texas Penal Code § 49.04 prohibits the driving of a motor vehicle while intoxicated. Section 49.01(2)(A) defines intoxication as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance,…
Aug.20
2017
2017
Posted By: John Floyd
Category: Appeals | Sex Crimes
The Adam Walsh Child Protection and Safety Act of 2006 (“Act”) permits the federal government to civilly commit any child sex offender deemed “dangerous” after they have completed service of their criminal sentence.
To accomplish civil commitment under the…
June21
2017
2017
Most people would assume that the rule of law is drawn by the rules of logic and fairness. That assumption is both logical and fair, but the rule of law—with its most fundamental purpose being to protect society and ensure…
June20
2017
2017
Posted By: John Floyd
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…
June19
2017
2017
Posted By: John Floyd
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…
June19
2017
2017
Posted By: John Floyd
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…
May30
2017
2017
Posted By: John Floyd
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. §…
May22
2017
2017
Posted By: John Floyd
Category: Appeals | Criminal Law | Federal Criminal Law | Prosecutorial Misconduct
The landmark decision Brady v. Maryland was handed down by the U.S. Supreme Court in 1963. The decision held that, under the Fifth and Fourteenth amendments, a prosecutor has a duty to disclose favorable evidence to defendants upon request, if…
Apr.27
2017
2017
Posted By: John Floyd
Category: Appeals | Criminal Law
Fines and restitution may be imposed following a criminal conviction in conjunction with the sentence imposed.
Fines are commonly imposed in all criminal cases. The amount that may be imposed is generally determined by statute or at the discretion…
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