Author Archives: John Floyd
Right to Counsel Reaffirmed, Still in Crosshairs of Supreme Court
The American Bar Association list Gideon V. Wainwright (1963) as one of the U.S. Supreme Court’s “landmark“ decisions. Gideon held that States must provide…
Continuous Sexual Abuse of a Child: The Most Serious Crime in Texas After Capital Murder
Enacted in 2007 as part of the Texas Legislature’s package of child sex offenses known as “Jessica’s Law” (mandatory minimum sentencing for certain child…
The Supreme Court Needs Reform, Ethics
The U.S. Supreme Court is a vital component of the balance of power in the American government—one built on checks and balances. Its judicial…
Justice Samuel Alito’s Bias Demands Recusal
A reasonable argument can be madethat U.S. Supreme Court Associate Justice Samuel Alito should not have been nominated in 2006 to the nation’s highest…
Legal Options for Houston Victims of False Child Pornography Allegations
In Houston, as in many other jurisdictions, false accusations of child pornography crimes can have devastating consequences for individuals and their families. In this…
The Due Process Tension Between Rule 403 and Art. 38.37
Rule 403 of the Texas Rules of Evidence provides that a court may exclude evidence if its probative value is substantially outweighed by a…
Rule of Law Strikes Blow Against Attempt at Tyranny
On May 30, 2024—a day that will become significant in American history—a 12-person jury unanimously convicted former President Donald J. Trump of all 34…
Texas Outcry Statute Expanded to Children Under 18
Outcry testimony is frequently used in child sexual abuse cases in Texas. For years, the statutory procedural rules governing outcry testimony have worked like…
Prosecutors Use of Extraneous Evidence of Rap Videos Results in New Trial
Extraneous offense evidence is always prejudicial in a criminal trial in Texas—much more so in the guilt/innocence phase than in the punishment phase. The…
Extraneous Offense Evidence: The Enemy of the Right to a Fair Trial
More than four decades ago, the First District Court of Appeals, based in Houston, defined an extraneous offense as: “… any act or misconduct,…
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