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Board Certified Criminal Defense Lawyer in Houston, Texas

John T. Floyd Law Firm

Board Certified Criminal Defense Lawyer in Houston, Texas
The Kirby Mansion, 2000 Smith Street
Houston, Texas 77002
USA

Phone (713) 224-0101 or (866) 374-1327
Fax (713) 237-1511

Website www.johntfloyd.com
E-mail  Contact Mr. John Floyd

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Articles Published by John T. Floyd Law Firm


The Law on Guns and Felons

Texas legislature pushing to allow concealed guns on college campuses, penalties for felon in possession increase.

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Police Misconduct: a Growing Epidemic?

Houston Police Department, Harris County law enforcement gaining national reputation for police abuse and misconduct.

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The Computer Is a Crime Machine

Computer crimes and prosecutions on the rise: cyber espionage, theft of corporate trade secrets and identity fraud continue to increase.

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The Purpose of Reasonable Doubt in Criminal Trials

Prosecutorial, police misconduct lead to wrongful conviction unsupported by evidence.

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Cell Phones, Texts Not Safe from Police Searches

Fifth Circuit: U.S. Court of Appeals allows search of cell phone text messages without warrant, after arrest.

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The Innocence Percentage

46,000 innocent lives destroyed by false allegations, wrongful convictions.

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What Is Reasonable Doubt?

Another tool for preventing wrongful convictions: Texas needs a statutory definition of reasonable doubt.

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Self-Incrimination in Your Pocket

California Supreme Court allows search of data stored on mobile phone without warrant.

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Excessive Fines: Property Forfeiture in Child Pornography Cases

Courts stretch logic and allow government land grab in child porn case.

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The Corruption of FISA

Government avoids 4th Amendment requirement of probable cause.

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Texas Community Supervision Revisited-Probation

Legislative rush to punish “sex” offenders removes punishment alternatives, probation, unnecessarily increases prison overcrowding.

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Defending against Juror Bias in Sex Crimes

Voir Dire, inability to consider full range of punishment: proper objection and practice to preserve error for appeal.

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The Constitutional Quicksand of Jessica’s Law in Texas

Texas Penal Code 21.02, continuing sexual abuse of a child, thwarts long established requirement of unanimous verdicts.

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Federal Inmate, Ex-Federal Judge Samuel Kent Deserves Fair Treatment

Unpopular judge deserves humane and fair treatment while in federal custody.

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Ostrich Instruction Rejected in Federal Online Solicitation

Deliberately avoiding the truth to deny criminal knowledge.

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Mistaken Identifications Sent Two Innocent Men to Prison

Suggestive police procedures and mistaken identification resulted in two more wrongful convictions and incarcerations, one for 27 years.

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Cameron Todd Willingham: Improper or Wrongful Conviction

Texas forensic science commission concludes flawed science used in trial that led to conviction and execution.

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PSR Objections over Plain Error Doctrine

Criminal defense attorneys must file objections to pre-sentence report in federal criminal cases to protect appellate rights.

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A Defense Attorney's Narrow Margin for Error

Ineffective assistance of counsel: criminal defense lawyer’s questions about defendant’s post arrest silence opens door to cross examination.

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Terrorism Law Held Constitutional

Material Support of Foreign Terrorist Organizations vs. Freedom of Speech and Association

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Adam Walsh Act Under Constitutional Scrutiny

Growing practice of “no bond” and unreasonably harsh sentences for some child sex crimes sparks judicial concern.

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U.S. Supreme Court Takes Another Bite out of Miranda

Suspects must invoke rights unambiguously; Justice Sotomayer strongly and forcefully dissents as high court narrows Miranda.

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The Continued Assault on Miranda

Abandoning Miranda in terrorism cases contrary to constitution and beginning of slippery slope towards neo-con police state.

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Indefinite Detention: Preemptive Punishment for Future Sex Crimes

On May 17, 2010 the United States Supreme Court in United States v. Comstock upheld a federal statute that gives Government the power to civilly commit indefinitely a “sexually dangerous person” after he has completed serving his criminal sentence.

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Know Your Legal Rights Before Talking to the FBI

The Fort Hood shooting massacre last year, the Christmas day bombing attempt, and the Times Square car bombing attempt have prompted the FBI to again increase its surveillance of the Muslim American community in this country.

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Religious, Racial Profiling Justified in McCarthy Era Inspired Investigations

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.

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Texas Takes Small Step towards Humane Punishment for Youthful Offenders

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.

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Federal Sex Offender Registration Laws Too Broad, Onerous

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.

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Dog Handler Discredited: False Results, Exaggerated Claims Exposed

Popular law enforcement dog handler discredited after false results, exaggerated claims of accuracy exposed.

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Governor’s Abrupt Dismissal on Eve of Hearing, Political Cover-up

Governor’s abrupt dismissal of chairman, two members of Texas Forensic Science Commission on eve of hearing smacks of political cover-up.

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Another Not Guilty: Client Accused of Indecency with Child Acquitted

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.

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Increased Use of Stop and Frisk: Constitutional Abuses, Racial Profiling

Increased use of stop and frisk leads to increased constitutional abuses, legitimizes racial profiling.

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Should Evidence of Prior False Abuse Allegations be Admissible in Sexual Assault Cases?

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

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U.S. Supreme Court Limits Vehicle Searches

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

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A Glimpse at the Nation's Drug Problem

In May 2007 the U.S. Sentencing Commission sent a report to Congress recommending that the 100:1 sentencing ratio in crack/powder cocaine cases be reduced to 20:1.

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“Juiced” by the Desire for Fitness

Addiction to Pumping Iron and Juicing Leads to Massive Arrests in Houston Area and Ft. Bend County

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A Drew Peterson Defense

Legislators and State Prosecutors Attempting to Deny Confrontation Clause Guarantees, Presumption of Innocence

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A Defense Attorney in the Heat of Battle

Rule 606(b) of the Texas Rules of Evidence; Conducting Inquiry into Juror Misconduct

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U.S. Supreme Court Limits Vehicle Searches

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

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Standards of Proof

Every one has heard of the phrase “proof beyond a reasonable doubt.” But there are three primary standards of proof: preponderance of evidence; clear and convincing evidence; and reasonable doubt.

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A Defense against Torture

The rule of law prevails over the demands of politics

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The CIA Terror Memos

Legal Opinions Redefine Torture, Criminal Acts

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Torture Fallout Continues

Foreign Investigation of Torture Techniques Sanctioned by Bush Administration

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Un-indicted Co-conspirator(s): An Unnecessary Stigma

The Right Wing and the Council on American-Islamic Relations; No Due Process for the Unindicted

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Sentencing Departures since Booker

Defense Lawyers Must Prepare for Federal Sentencing

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What is Sexting?

Sexting Among Children; Criminal Behavior or Brash Sign of the Times

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Child Porn: An Increasing Problem in all Segments of Society

Federally funded task forces make online crimes against children top priority.

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The Plague of Piracy

Youthful Pirate Faces Life in Federal Prison if Convicted on Piracy Charges

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