John T. Floyd Law Firm

John T. Floyd Law Firm Blogs

Blog Authors

Latest from John T. Floyd Law Firm

In a January 28, 2020 post titled “Is Arkansas Governor Responsible for Execution of Innocent Man,” we pointed to the fact that Arkansas Gov. Asa Hutchinson, who has a bloodthirsty penchant for the death penalty, sent four men to their deaths between April 20 and April 27, 2017. The Governor had initially scheduled eight men to die during that month before a federal court intervened to shut down his state killing machine.   One of the men Gov. Hutchinson executed was Lydell Lee, who had maintained his innocence throughout his arrest and trial process. Lee continued his protest of innocence…
The Texas Legislature convened on January 12, 2021.   In a January 19, 2021 post, we pointed out that Rep. Senfronia Thompson (D-Houston) had authored House Bill 88, known as the George Floyd Act. The Texas GFA Act would severely curtail the doctrine of qualified immunity for police misconduct and would create many other police misconduct safeguards.   The George Floyd Act is stalled in committee, but the Texas House has passed three spin-off bills that, if enacted, would reform disciplinary measures against officers who engage in misconduct. These bills are:   ·      House Bill 829: would require…
The death of George Floyd took place in Minnesota, but it sent shockwaves across the country. In many places, its effects will redefine police roles in the community and consequences for crimes on duty.   In Texas, a bill called the George Floyd Act seeks to catalyze police reform. It comes in the wake of criticism for excessive police force and accountability for officer actions in their community.   What is this bill, and how will it reform the current system if passed? Read on to learn all you need to know!   The Issue of Qualified Immunity   At…
    Former Harris County prosecutor Kelly Siegler worked in the District Attorney’s Office between 1987 and 2008. During that two-decade prosecutorial career, Siegler prosecuted more than 200 cases before juries—68 of them were murder cases, and 20 of the murder cases involved capital offenses in which she secured the death penalty in 19 of them. She picked up the local courthouse moniker “Giant Killer” and proudly sported it through the halls of justice as though it was a million-dollar diamond.   Poster Child for Prosecutorial Misconduct   The problem is that Siegler was given that moniker because,…
Crypto currency is a hot investment now, but like most popular trends, you must be vigilant about fraud in such investment strategies..   A case in Austin highlights how easily deception can happen in these new investment markets. The case prompted the Texas Securities Commissioner filed an emergency cease and desist order for a fraudulent crypto currency trading program.   The Austin investment program promised investors big returns on their crypto currency portfolios, as much as 30 percent per month. The problem, however, is that the product they sold – an internal token – had no real value.   Public…
Gun accidents are always tragic, particularly when children are involved. Parents in West Houston recently discovered just how devastating these accidents can be – the hard way.   Police reported that a 3-year-old child recently accidentally shot and killed his 8-month-old baby brother. Authorities speculate that he preschooler accessed the improperly stored weapon and somehow accidentally discharged it.   An avoidable tragedy.   While Texas upholds the right to gun ownership, the state also understands the need for proper storage to keep innocent people safe.   This is what you need to know about the Texas Negligent Gun Storage law:…
According to the Sentencing Project, there are more than 206,000 people serving life sentences in the United States—6,000 of whom are women. More than 53,000 of those life sentences are without the possibility of parole. In addition to these life sentences, another 44,000-plus individuals are serving what is called a “virtual life sentence”—a sentence of 50 or more years. Finally, more than 17,000 of the individuals serving life sentences were convicted of non-violent offenses, including 6,000 convicted of non-violent drug offenses.   Juveniles Sentenced to Life Without Parole   Worse yet, the Sentencing Project’s data shows that more than…
On March 17, 2021, the Office of the Director of National Intelligence issued a report warning that “domestic violent extremism groups” pose an “elevated threat” to the national security of this country.     Of particular growing concern: white supremacist organizations fueled by wild conspiracy theories who believe in a “Deep State” controlled by pizza parlor pedophiles. Collective anger unites these dangerous fanatics who believe that the November 2020 presidential election was stolen from the former President by a mysterious “one world order.” This theory continues to be hyped among “dark web” cults led by murky figures like QAnon and repeated…
Wire fraud has several forms as a federal crime, from internet to telemarketing schemes. With so many opportunities available in our electronic world, wire fraud has become a real problematic issue for law enforcement – and that is why the offense is now being more thoroughly investigated and prosecuted at both the state and federal level.   Texas Attorney General Ken Paxton recently announced that his office, with help from the Federal Trade Commission, shut down a large criminal telefunding operation. The operation made deceptive calls to raise money for a fake charity. They defrauded people out of more…
Pretrial discovery in criminal cases in Texas is governed by Article 39.14 of the Texas Code of Criminal Procedure. The Texas Legislature enacted the discovery statute in 1965. The essential purpose of the rule was to enforce the strict duty Texas prosecutors have under Article 2.01 of the Code of Criminal Procedure “not to convict, but to see that justice is done.”   Discovery Rules in Criminal Cases Evolve Slowly   Article 39.14 was enacted in response to the 1963 U.S. Supreme Court decision Brady v. Maryland that required prosecutors to disclose to a criminal defendant, upon request by the…