Blog

INEFFECTIVE ASSISTANCE OF COUNSEL IN CAPITAL CASES

Dec 05 2008
Posted By:
Failure to Properly Prepare for Trial, Basis for Federal Habeas Relief

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

In 2001 the two female justices on the U.S. Supreme Court spoke out about the quality of legal representation afforded to criminal defendants facing the death penalty in this nation.

“After 20 years on (the) high court,” Justice Sandra Day O’Connor said, “I have to acknowledge that serious questions are being raised about whether the death penalty is being fairly administered in this country. Perhaps it’s time to look at minimum standards for appointed counsel in death cases and adequate compensation for appointed counsel when they are used.”

In April of that year Justice Ruth Bader Ginsburg was more direct in an Associated Press account: “People who are well represented at trial do not get the death penalty … I have yet to see a death case among the dozens coming to the Supreme Court on eve-of-executions stay applications in which the defendant was well represented at trial.”

Before the 2001 public criticisms offered by Justices O’Connor and Ginsburg, three major newspapers had conducted investigations that offered compelling evidence about the deplorable legal representation provided in capital cases. The Chicago Tribune reported on November 15, 1999
that 12% of those condemned to death from 1976 to 1999 were represented by “an attorney who had been, or was later, disbarred or suspended—disciplinary sanctions reserved for conduct so incompetent, unethical or even criminal that the state believes an attorney’s license should be taken away.” The newspaper said that an additional 9.5% had “received a new trial or sentencing because their attorney’s competence rendered the verdict or sentence unfair, court records show.” (Ken Armh6 and Steve Mills, “Inept Defenses Cloud Verdict”).

Less than a year later (September 9, 2000) the Charlotte Observer reported that at least 16 condemned inmates in North Carolina, including 3 who had been executed, were represented by attorneys who have been disbarred or disciplined for unethical or criminal conduct.

The following day the Dallas Morning News reported that it had examined 461 capital cases in Texas and found that one in four of the condemned inmates had been represented at trial or on appeal by court-appointed attorneys who had been disciplined for professional misconduct at some point in their careers. (“Quality of Justice,” 09/10/2000).

Reports like these, and its own experience with death penalty cases in Texas, prompted the Texas Defender Service to undertake a study of the quality of legal representation provided in capital cases. “Death row inmates today face a one-in-three chance of being executed without having the case properly investigated by a competent attorney and without having any claims of innocence or unfairness presented or heard.” (“Lethal Indifference: The Fatal Combination of Incompetent Attorneys and Unaccountable Courts,” 2002).

The death penalty verdict in the case of Walter J. Koon perfectly matched this description. On March 5, 1993, Koon, accompanied by a friend named Sarah Robinson, droved to the Baton Rouge residence of his in-laws where his estranged wife, Michele Guidry, was staying. Koon parked his truck in the driveway of the residence where he got out and walked to the backyard. There, he found and shot and killed Ms. Guidry. He then went inside the residence where he ki

lled Ms. Guidry’s parents. Seeing this, Ms. Robinson bolted from the truck, ran into the Guidry residence, and hid until Koon had departed. See: Koon v. Cain, 277 Fed.Appx. 381, 382; 2008 U.S.App. LEXIS 9478 (5th Cir. 2008).

Upon leaving the Guidry residence, Koon drove to Livingston Parish where he surrendered to law enforcement authorities. He was subsequently indicted for three counts of capital murder. The trial court assigned the local public defender’s office to represent Koon. The defendant expressed dissatisfaction at the appointment, prompting the court to appoint a private attorney named Kevin Monahan to represent him along with the public defender’s office. A second private attorney named Denise Vinet was soon substituted to replace the public defender’s office in the case. Id.

The trial began in March 1995. Before any testimony could be taken, Monahan informed the court that Ms. Vinet wanted to withdraw from the case. The lead attorney told the court that Ms. Vinet’s assistance was not needed. Ms. Vinet concurred, telling the court that Monahan had not asked her to do a thing on the case. The trial court granted Ms. Vinet’s motion to withdraw, but only after Koon waived any objection. No additional counsel was appointed to the case. Id.

At the start of the trial Monahan entered a dual plea of not guilty and not guilty by reason of insanity. He based that defense on the fact that Koon “just had one bad week” believing this would negate the defendant’s specific intent to kill and thereby lessen his culpability for the three murders which would open the door to a possible manslaughter verdict. The Fifth Circuit outlined the factors Monahan had identified in support of the “bad week” insanity/manslaughter defense:

Koon’s wife had left him.

The defendant has become ill.

He had a tax lien levied against him.

Ms. Robinson had told him in the truck on the way to the Guidry residence that his estranged wife was having an affair.

While Koon had stated he was not using drugs or alcohol when he killed the three people, he had been using drugs (Xanax) and alcohol earlier that morning as well as in the preceding weeks, and this led Monahan to believe that his client was suffering from “withdrawal” at the time of the murders. Id., 277 Fed.Appx. at 383.

Monahan theorized that these factors, particularly the “detoxification effects” of the drug withdrawal, and the “bad week” rendered Koon “unable to tell right from wrong when he shot his estranged wife and her parents.” Id. In support of this theory, Monahan enlisted the assistance of several medical experts. He finally identified Dr. Marc Zimmerman as his chief expert and hired the doctor the day before the trial commence. Id.

This tactical decision proved to be a disaster. Dr. Zimmerman, who had only one hour to interview Koon before the start of trial, testified that “detoxification contributed to [Koon’s] inability to tell right from wrong at the time of the killings.” Id., at 384. State prosecutors knew a “turkey in the woods” when they saw one. They called Dr. Donald Hoppe in rebuttal to Dr. Zimmerman. Hoppe did not spare the rod of criticism. He pointed out that Zimmerman had conducted only a “cursory interview” with Koon and had not interviewed any of his friends or family members. While Dr. Hoppe, a clinical psychologist, had not interviewed Koon, he had reviewed the results of “the MMPI test conducted by Zimmerman” and determined that Koon was: 1) a lair, 2) not remorseful, 3) manipulative, and 4) violent. Id.

The Fifth Circuit pointed out that Monahan was so “unprepared” that he made no attempt to counter the State’s devastating rebuttal “even though it turned out that there was little in the literature to support Hoppe’s broad interpretation of Koon’s test results.” Id. The appeals court added:

“Koon’s insanity/manslaughter defense was dealt another blow when Robinson, the lone eyewitness to the killings, whom Monahan had failed to interview prior to trial, contradicted Koon’s own testimony by denying that she had told him shortly before the killings that his wife was having an affair with one Joey Leblanc, a person Koon particularly disliked because he had been betrayed by Leblanc in the past. Robinson also contradicted Koon’s testimony that he had consumed alcohol and drugs (including Xanax) the morning of the killings.” Id.

Koon was convicted on three counts of capital murder and sentenced to death. His conviction and sentence were upheld on direct appeal. He then filed an application for post-conviction relief in the trial court raising an ineffective assistance of counsel claim. The trial court heard, and rejected, Koon’s request to have 33 witnesses subpoenaed to support his ineffective assistance claim. The trial court, however, did permit two witnesses to testify: Monahan and Ms. Vinet. But their testimony did not persuade the trial judge who denied the post-conviction application, concluding that Monahan “did a good job with what he had to work with.” Id.

Koon thereafter petitioned to the federal district court for habeas corpus relief pursuant to 28 U.S.C. § 2254. After an exhaustive review of the state court record, the federal district court found that Koon had been denied effective assistance of counsel at both the guilt/innocence and penalty phases of the trial. The district court reversed Koon’s conviction and death sentence, remanding the case back to state authorities for a new trial. The State elected to appeal to the Fifth Circuit which upheld the district court’s order. Id., at 382-83.

The Fifth Circuit began its analysis with a requisite review of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Citing 28 U.S.C. § 2254(d), the appeals court concluded:

“The AEDPA specifies that federal habeas relief ‘shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.’

“The Supreme Court has held that a state court’s decision that correctly identifies the governing legal rule but unreasonably applies it to the facts of a particular prisoner’s case is sufficient for a federal habeas court to grant the writ. For a federal court to find a state court’s application of Supreme Court precedent ‘unreasonable,’ however, the state court’s decision must have been more than simply incorrect or erroneous; its application of federal law must have been ‘objectively unreasonable.’ Moreover, the state court’s findings of fact are presumed to be correct, and the federal court only reviews the facts for clear and convincing error.” Id., at 385.

The Fifth Circuit concluded that the district court had paid proper deference to the state court record and had reached a correct determination in granting the writ of habeas corpus. Id. The appeals court further found that Koon had satisfied the dual mandate of Strickland v. Washington, 466 U.S. 668 (1984) in making his ineffective assistance claim: Monahan’s performance was deficient and (2) that deficient performance caused actual prejudice to the defendant’s defense. Id., 466 U.S. at 687.

To prove deficient performance under Strickland, a state prisoner must “demonstrate that counsel’s representation fell below an objective standard of reasonableness” under the then “prevailing professional norms.” Id., 466 U.S. at 688. The Supreme Court has recognized that the American Bar Association Standards for Criminal Justice is the barometer for measuring “what is reasonable.” See: Rompilla v. Beard, 545 U.S. 374, 387 (2005). While the Fifth Circuit applies a h6 presumption that counsel performed adequately and insulates his informed tactical decisions from ineffectiveness attack unless they are so egregious as to render the entire trial unfair, the appeals court has recognized the distinction between strategic judgment decisions and omissions that amount to no strategic decision at all. See: Virgil v. Dretke, 446 F.3d 598, 608 (5th Cir. 2006); Moore v. Johnson, 194 F.3d 586, 604 (5th Cir. 1999).

Deficient performance alone is not enough to secure ineffective assistance relief. The state prisoner must establish prejudice by showing that “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceedings would have been different. A reasonable probability is a probability sufficient to under confidence in the outcome.” Id., 466 U.S. at 694. The Fifth Circuit has interpreted this prejudice requisite to mean that there is a harmful constitutional trial error only if there is “more than a reasonable probability that it contributed to the verdict.” See: Mayabb v. Johnson, 168 F.3d 863, 868 (5th Cir. 1999).

The Fifth Circuit applied the foregoing principles of law to the Koon case. It endorsed the four “crucial mistakes” the district court identified Monahan had made that resulted in ineffective assistance: 1) his failure to interview Robinson before trial; 2) his waiting until one day before trial to hire Zimmerman, his mental health expert; 3) his decision to proceed alone without the aid of at least one other attorney; and 4) his failure to prepare Koon adequately to testify. The appeals court also endorsed the conclusion by the district court that Monahan’s failure to interview Robinson, standing alone, constituted constitutionally deficient performance. The appeals court agreed that this fatal mistake, along with a litany of other missteps by Monahan, created egregious prejudice. Id., 277 Fed.Appx. at 386. The appeals court then explained its reasoning:

”Monahan’s defensive strategy centered on Koon’s mental state at the time of the killings, and Robinson was the only eyewitness to them and to Koon’s behavior in the hours preceding the shootings. As such, she was the only person who could speak to Koon’s mental state leading up to and during the event. Monahan should have interviewed her to ascertain what she intended to say at trial, especially whether she would corroborate Koon’s intended testimony about his mental state, around which Monahan’s entire defense was structured. Monahan failed even to attempt to interview her, though, and Robinson ultimately took the stand and directly contradicted Koon’s testimony that she had told him that his wife was having an affair. The prejudicial effect of this contradiction cannot be overstated because Monahan had theorized that Robinson’s testimony would bolster Koon’s ‘heat of passion’ defense, not undermine it. Furthermore, Robinson subsequently recanted her trial testimony at the federal evidentiary hearing and admitted that she had told Koon about the affair before the killings, stating further that she would have told the truth at trial if Monahan had merely approached her ahead of time and assured her that she would not be held criminally responsible for the killings.

”The State advances a number of excuses for Monahan’s failure to interview Robinson, e.g., it was his policy not to interview government witnesses; there was no guarantee that she would have come clean and told the truth at trial even if she had been approached by Monahan; she was not a credible witness; and so on and so forth–none of which justify his conduct. Irrespective of Robinson’s credibility (or lack thereof) and whether she would have actually told the truth as she now insists, Monahan had an absolute obligation to interview her as the only eyewitness to the crime: Her testimony was crucial to Monahan’s defensive theory. If he had interviewed her and then decided not to call her to testify, his decision might be excusable as strategic. His failure to interview her altogether, though, is deficient per se, at least under the specific circumstances present here.

“Monahan’s decision not to hire Zimmerman, his primary mental health expert, until one day before trial exacerbates his overall deficient performance. Monahan came up with the detoxification facet of the mental health defense because Koon had told him that he was not using drugs or alcohol when he shot his wife and her parents (Koon later revealed, during the federal evidentiary hearing, that he was in fact using at the time). Zimmerman was able to conduct a few tests on Koon, but only met with him for one hour and could not consult with any of his family members or friends before testifying. The State’s opposing expert, Hoppe, severely undermined Zimmerman’s testimony, highlighting the limited time and information available to Zimmerman. This rebuttal testimony went uncontested by Monahan. In fact, Zimmerman was not even present for Hoppe’s testimony, as Monahan had failed to ensure that Zimmerman was on hand to assist Monahan in cross-examination. At the federal evidentiary hearing, Koon’s experts testified that Zimmerman had insufficient time to develop a complete psychological history and insufficient information on which to base an opinion of Koon’s mental state at the time of the killings, which left Zimmerman’s testimony vulnerable to attack and resulted in severe damage to the detoxification aspect of Koon’s mental health defense.

”The State attempts to make much of the fact that Koon’s experts at the federal evidentiary hearing had the benefit of basing their testimony on Koon’s revelation that he actually had been using drugs and alcohol at the time of the killings, insisting that Koon’s self-serving change in testimony cannot serve as the basis for arguing that Monahan’s assistance was ineffective. Even if we acknowledge that Koon’s defense would have been better served if he had admitted his drug and alcohol use, and even if we concede that Koon is solely to blame for the detoxification theory employed by Monahan, we still must evaluate the actual execution and quality of the defense as presented. And, it is apparent that this aspect of Koon’s defense, predicated as it was on the effects of withdrawal, was hamstrung by Monahan’s failure to hire Zimmerman until the eve of trial. The state court had granted Monahan the authority and funds to hire a mental health expert nearly a year before trial, yet he procrastinated until the last minute. Not only did Monahan make a questionable decision to pursue a detoxification defense on his own (without first consulting a medical professional and substantiating his theory), but he then severely limited the effectiveness of even that questionable defense by enlisting an expert who was not given even minimally sufficient time to gather information in support of his opinions.

”Considering Monahan’s failure to interview Robinson and his botched handling of Zimmerman, together with his other deficiencies identified by the district court, we see as inescapable the conclusion that Monahan’s performance was deficient during the guilt/innocence phase of Koon’s trial. Equally inescapable is the conclusion that Koon was prejudiced by Monahan’s deficient performance: There is a reasonable probability that the jury would have convicted Koon of a lesser offense than first degree murder if Monahan’s performance had not been deficient.

”If Monahan had interviewed Robinson before trial, she may have told the truth instead of controverting Koon’s testimony regarding his mental state at the time of the killings. It follows that the jury could have and likely would have given greater consideration to the ‘heat of passion’ aspect of Koon’s defense. If, on the other hand, Robinson had continued to insist on denying that she had told Koon about his wife’s affair after Monahan interviewed her, he would have been aware of Robinson’s intended testimony and could have adjusted his defensive strategy accordingly and mitigated the damaging effects of Robinson’s testimony. Furthermore, if Zimmerman had been retained a reasonable time in advance of trial, he would have had plenty of time to evaluate Koon and interview his friends and family. That way, Zimmerman could have formulated a more informed opinion on Koon’s mental state and been prepared to support and defend that opinion on cross-examination. In short, if Monahan’s performance had not been deficient and prejudicial, it is probable that Koon’s level of culpability would have been reduced in the eyes of the jury. These failings by Monahan, which subverted both the insanity and manslaughter aspects of Koon’s defense, undermine any confidence we might otherwise have in the propriety of his first degree murder conviction. Based on the foregoing considerations, the state court’s ruling that Koon was not denied effective assistance of counsel during the guilt/innocence phase of his trial is objectively unreasonable.” Id., at 386-89 [Emphasis original].

It is never easy to judge an attorney’s performance constitutionally deficient based on hindsight evaluation. But this is a relatively easy call in the Koon case. While the attorney had identified a viable defense, his actual performance amounted to no defense at all – or, as the Fifth Circuit put it, his performance “subverted both the insanity and manslaughter aspects of Koon’s defense.”

The Death Penalty Information Center has observed quite aptly on this issue:

“Perhaps the most important factor in determining whether a defendant will receive the death penalty is the quality of the representation he or she is provided. Almost all defendants in capital cases cannot afford their own attorneys. In many cases, the appointed attorneys are overworked, underpaid, or lacking the trial experience required for death penalty cases. There have even been instances in which lawyers appointed to a death case were so inexperienced that they were completely unprepared for the sentencing phase of the trial. Other appointed attorneys have slept through parts of the trial, or arrived at the court under the influence of alcohol. The right to an attorney is a vital hallmark of the American judicial system. It is essential that the attorney be experienced in capital cases, be adequately compensated, and have access to the resources needed to fulfill his or her obligations to the client and the court.”

It is our firm belief that the only way to truly reform the death penalty system is to abolish the punishment. The courts will never appoint rich and powerful attorneys on a regular basis in death penalty cases. The quality of representation in these cases will most always be lacking because most appointed attorneys do not have the time (due to heavy caseloads), the means (such as support staff) to amass a viable defense, or the resources (finances for experts and investigators) to support that defense. A person’s life should not hang in the balance based on the quality of legal representation he or she receives. Further more, our judicial system, as good as it is, obviously allows for erroneous conclusions by juries. Just look at the number of convicts exonerated by DNA evidence. Those people had their day in court before a fair jury, right? It is simply the nature of the beast that some jury verdicts will be wrong. We should not allow the ultimate penalty, from which there is no return, to rest in such an imperfect dispute resolution system. Do away with the punishment – and this ugly controversy ceases to exist.

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

Categories

Archives

Take the first step toward protecting your freedom by contacting us now

Testimonials

John T. Floyd Law Firm IconJohn T. Floyd Law Firm

3730 Kirby Drive # 750, Houston

4.9 108 reviews

  • Avatar Jeannette Young ★★★★★ a month ago
    If you have hired attorneys that meet the Webster dictionary definition, ie: "Attorney " is a person that has a law degree, will not be totally honest, can take your money … More and not earn it, will put you off until he is ready to talk to you, and/or never study your case to be able to defend you. Mr. Floyd is the only attorney that doesn't fit that definition!! You will be delighted to have Mr. John Floyd in your corner! Not one attorney that I have ever met that would ever return a check that I sent to him, because he said I paid him too much! Wow! That right there should tell you something about his integrity!!!!! He has a very calm demeanor and doesn't stretch the truth even if you don't want to hear it, he will tell you the truth. Call and set up an appointment with him and judge for yourself. You are wasting time and money on any other attorney, just hire the best, Mr. Floyd.
  • Avatar Curtis Shane Kessler ★★★★★ 3 months ago
    John T. Floyd and his team are some of the best people! I was able to get a second opinion from them on legal advice. His team has been honest, kind, and very informative which has … More been a huge blesssing.
  • Avatar Jose Penaloza ★★★★★ 4 months ago
    I highly recommend John T. Floyd Lawfirm. They are truly knowledgeable and willing to go the extra mile to defend your innocence. Psalms 35
  • Avatar Yizheng Tu ★★★★★ 4 months ago
    Outstanding!Professional knowledge. Rich experiences. Good outcome.
  • Avatar Arslan Tajammul ★★★★★ 4 months ago
  • Avatar DjKaycee Moflava ★★★★★ 5 months ago
    The best lawyer I ever encounter with a very good personality. He’s very professional and he will go far and beyond for his clients best interest. He’s definitely a 5 star attorney … More when it comes to delivering. I couldn’t be more happier that I hired him !! 👏👏👏👏
  • Avatar Gloria Smith ★★★★★ 5 months ago
  • Avatar Yoli ★★★★★ 5 months ago
    I can honestly say from what I have seen so far, Floyd is a compassionate soul who cares for his client's. Floyd is by far very knowledgeable in this area. He's currently … More assisting my [Father] on a sex assault. We are all suffering so much as my father is an elder man, but we have faith in God, and Mr. Floyd he can dismissed this outrageous allegation soon. Thank you, yoli
  • Avatar Abdulkadir Issa ★★★★★ 9 months ago
    I had wonderful experience with this law firm. They were so helpful and knowledgeable of the process.my case was dismissed because of Mr John T Floyd,thank you for everything .
  • Avatar Rashid Ibrar ★★★★★ 9 months ago
    I am very happy today my case dismissed God bless Mr John T Floyd very good lawyer thanks you so mush sir
  • Avatar Susan McDaniel ★★★★★ 10 months ago
    I had a great experience with this Law Firm, the kind staff helped me locate a Lawyer even though they were unable to take my case.
    They were very helpful, kind and returned my call
    … More in a timely manner. I would definitely recommend them and use them in the future.
  • Avatar Mahmoud Abdelwahed ★★★★★ a year ago
    I can tell that Jone is an excellent attorney in Houston. Personally, he is a great man. In addition to great service and amazing results. Recommended
  • Avatar Mr. K ★★★★★ a year ago
    Mr. Floyd is an incredible attorney and human being. He cares about your case, the facts, the law, and your life! I am sorry for whatever situation you are going through, but choosing … More Mr. Floyd, his firm, and their professional experience to help you, will be the best decision you ever make!
  • Avatar Domenique Cary ★★★★★ a year ago
    John T Floyd is a straight shooter! He was very direct and responsive to my phone calls and questions. I was in awe of his knowledge, and professional decorum! The best decision that … More you could make is to schedule a consultation with him before considering anyone else!
  • Avatar Eugene Guy ★★★★★ a year ago
    I asked the Law Office of John T. Floyd a very important question regarding the legal aspects of purchasing a firearm with a deferred adjudication charge. They answered the question … More very professionally and accurately and I was quite pleased with the information that was shared. I recommend this law firm because they are very honest and will work for you and with you.
  • Avatar Mark J ★★★★★ a year ago
    I’ve never been one to write reviews but this time I couldn’t pass up the opportunity to say something. I had some serious legal questions I needed answers to concerning Texas laws. … More Being I’m from another state, I found and reached out to Attorney John Floyd for the answers. Mr Floyd listened to to my requests and told me what he need from me and went out of his way to get me the answers. Very polite, straightforward and professional, I can’t thank him enough for all he’s done. Whatever your legal case may be, I wouldn’t hesitate to recommend Mr Floyd.
  • Avatar Pat Garner ★★★★★ a year ago
    John & Chris helped my family member get a reduced charge and acceptable plea agreement in place. Their compassion, attention to every detail was what helped carry the day.Truly … More the best of the best.P
  • Avatar Summer A ★★★★★ a year ago
    Mr. Floyd is both ethical and loyal to his clients; two qualities that are hard to find specially in lawyers. I'd definitely recommend him to anyone.Positive
    Professionalism …More
    … More
  • Avatar Abdulraouf Haj ★★★★★ a year ago
    Mr. John was very helpful and truly was the reason why my case was dismissed. Thank you so much Mr. John I truly recommend everyone in need to work with him.
  • Avatar Hope Fischer ★★★★★ a year ago
    His service to the community and diligence to helping his clients speaks for its self! Not to mention the many articles, papers and TV appearances that speak to his intellect
  • Avatar Faisal Mahmood ★★★★★ a year ago
    John has given Excellent service and have been very friendly and extremely helpful to us. I highly recommend this law firm
  • Avatar Mohammed Nabulsi ★★★★★ a year ago
    This law firm is diligent, responsive and succeeded in getting my case dismissed. 10/10 would recommend.
  • Avatar Anthony Stark ★★★★★ a year ago
    super knowledgeable, good attitude, would definitely recommend him
  • Avatar Lloyd Kirby ★★★★★ a year ago
    Very helpful, knowledgeable and honest.
  • Avatar Tarek Zaghloul ★★★★★ 2 years ago
    John is an amazing person and lawyer who is actually very understanding of how anxious I got and although it was hard to reach him sometimes because of his schedule, but never worry … More he is on top of things. He is very organized, very smart. I had the experience to go through a trial with him, and he always plans ahead well and is actually open and receptive to any ideas and comments I had and he was quick to decide which is right to use at the moment. I really appreciated working with him and Chris. Great lawyers and great people. As I was reminded by John, I am adding that the Jury reached a not guilty decision on the original charge and on a lesser charge in just 25 minutes. It took more time to write the charge and instructions for the jury than it took them to reach a decision.
  • Avatar Anya Palapa ★★★★★ 2 years ago
    Highly recommend John T Floyd law firm, great response time and demeanor.I was researching an on-going criminal case, when I found an informative article written by John Floyd (about … More the perils of expert testimony). I called his office, and was very pleased to receive a timely call back. Not only was Mr. Floyd candid and helpful, but he had the kindest demeanor of any attorney that I've dealt with. I am so glad to have found this firm.
  • Avatar Joffre Cross II (Jeff) ★★★★★ 2 years ago
    Although I am not a client, John Floyd contacted me the same day I sent an email requesting advice, answered my questions and even when further to assist with my issue and communicated … More with me the next day. A true credit to his profession and I can only imagine how well he provides services to his actual clients!
  • Avatar jeannette young ★★★★★ 2 years ago
    I give Mr. Floyd 10 Stars if they were available so I'm giving him five that's all that's available. The first time I left a message for him it was on a Friday after … More 5 p.m. and within 15 minutes he called me back I told him I needed to buy a lotto ticket because that has never happened. I knew from our chat and him calling me back that he was different from any attorney I've tried to talk to left messages never got called back they didn't even know what I needed and neither did Mr. Floyd but he did call me back. I was very interested in meeting with mr. Floyd about my case because I felt he was very transparent honest and genuine. If you've ever dealt with attorneys they don't have those traits but Mr. Floyd does. He was very honest with me told me what I could and could not do with my case. He is not egotistical he's very compassionate and he actually reads the documents you sent him unbelievable that's never happened. He will be the only lawyer I refer to anyone that needs his expertise. If you're in need of a criminal defense attorney please give John T Floyd a call you will not be disappointed.
  • Avatar 9salmon ★★★★★ 2 years ago
    Mr John is a great human being and a very knowledgeable attorney. He has always called me back promptly,advised me very clearly and never rushed our conversation. i was wrongfully accused … More and Mr John had my case DISMISSED!! on the day of trial after fighting for me for two years. I am very thankful to the John T. Floyd Law Firm. You will not go wrong with John. Mr John you deserve way more then 5 stars.Thank youShaikh.
  • Avatar Ken R ★★★★★ 2 years ago
    John Floyd Law Firm is highly recommended for your legal needs. He and his staff are highly professional in every aspect. Easy and comfortable feeling talking with him, and he understands … More your needs and explains your legal advice in a way you can understand. Enough just cant be said. Thank You Sir.Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Jeff Vaughn ★★★★★ 2 years ago
    John was kind enough to assist me with legal advise on my firearm gun rights restoration. I highly recommend him and his firm. Very professional and knowledgeable. If I need assistance … More in the future I will definitely go back to him.
  • Avatar Reginald Bell ★★★★★ 2 years ago
    What I liked the most was that he actually returned my phone after leaving a message unlike pretty much everyone else I called prior. He listened and answered my question with the best … More advice that would benefit me the most. I was actually lost from moving to Texas from a different state we’re laws vary and he pointed me toward the right direction to get a understanding of if I need to do business with him now or after I contact a lawyer in my home state.
  • Avatar Debby Griffin ★★★★★ 2 years ago
    John T Floyd handled my sons case & got a dismissal for us! He is great to work with, gets back to you promptly & knows what he’s doing. Definitely one of the best we have had … More to deal with!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Gabriela ★★★★★ 2 years ago
    John is honestly the best! The whole team is. He answered me in a timely manner and helped me when my friend was going through a situation in Houston, Texas as an inmate. He was so … More thorough, honest, and without charging me sent me so much information because I was out of the loop. He never once tried to take you for your money, he did all that he could to. help me and I can't thank him enough.
  • Avatar Randy Rich ★★★★★ 2 years ago
    I have used John on two occasions and found him to have full knowledge of Texas law, diligent, creative in plan, and aggressive in defense. He is the best criminal defense attorney … More in the State of Texas. No reason to look elsewhere.
  • Avatar Robert Robinson ★★★★★ 2 years ago
    I have been calling to get some legal advice pertaining to gun rights. A few legal offices would not even take my call because quote " your not a client and Im losing money. … More I I called John T. Floyd Law Firm and they were not only able to answer my question, but gave great detail information, and further elaborated on their answer. I hope I do not have to use them in the future, but if I do need to, they will be my first call.
  • Avatar Tyler Barr ★★★★★ 2 years ago
    Great lawyer! Needed some advice and gave me a Consultation, and advice for steps to take, without any hassle l, Was a honest guy and actually wanted to help me and not just take my … More money! Highly recommend!!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Clint B ★★★★★ 2 years ago
    Attorney Floyd replied very timely to my inquiry and he provided practical advice. I will not hesitate to contact him in the future if I need additional legal counsel.
  • Avatar Huey B ★★★★★ 2 years ago
    Highly recommend, down to earth lawyer. Talked to me about my legal issues without being super money hungry and genuinely wanted to help me with my legal problems. 5 stars ⭐️.
  • Avatar Ben Blackman ★★★★★ 2 years ago
    Very knowledgeable and professional. I called and left a message Friday morning and before end of business that day I received a call back.Positive
    Responsiveness, Quality, Professionalism
    … More …More
  • Avatar Manny Figueroa:: ★★★★★ 2 years ago
    Very helpful highly recommended for any Question / case will definitely keep he's name and number for any other legal advice
  • Avatar Rosalinda Garcia ★★★★★ 2 years ago
    Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
  • Avatar Cord Ary ★★★★★ 2 years ago
    One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
    Quality …More
  • Avatar William Shaw (Bill) ★★★★★ 2 years ago
    Im impressed. This guy was polite and professional and most important...he listened.
  • Avatar Mohammed Masood ★★★★★ 2 years ago
    Good experience and very good lawyer
  • Avatar Joseph Floyd ★★★★★ 2 years ago
  • Avatar Arsalan Safiullah ★★★★★ 2 years ago
  • Avatar Elvis Maldonado ★★★★★ 2 years ago
    Positive
    Responsiveness, Quality, Professionalism, ValueMore
  • Avatar Tylor St. Clair ★★★★★ 3 years ago
    It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
  • Avatar Andrew Vo ★★★★★ 3 years ago
    John represented me in court for roughly 2 years. I won't (and shouldn't) get into any serious details, but let me tell you that I couldn't have chosen anyone better. … More Seriously.Every appearance in court I felt very comfortable. The judge and DA's had a high regard for his reputation. There is a time I recall where simply his presence greatly impacted the court's interpretation of my case and persons. We were in front of the stand and the judge could not stop talking about John's prestige and past accomplishments and how that took in relation to my case. I kept silent in front of the judge, but I observed then that John's popularity and reputation within the court had already given me a better looking rapport with the judge. Let me tell you, I never had more confidence then, knowing that the judge held him in such high regard.This is not to mention how personable John is. I'll be honest that during the stress of court, sharing a laugh with your lawyer helps a lot. This may sound a lot, but I really appreciated the relationship we had then. This is also not to mention that he was able to deal very well with any DA that rotated over the years. Seriously, John was great, prompt with information and very hands on with my case. I had great peace those 2 years until everything wrapped up.If you're looking for a lawyer, I highly, HIGHLY recommend the John T. Floyd Law Firm. He IS nationally renowned, you know. He'll get the job done to the utmost confidence. He's very experienced and has a great record to boot. I am glad to have had him represent me in court and trust me that I never thought I'd ever say that (and whoever does?). We explored every avenue of victory together and I personally enjoyed the experience, despite the seriousness of the accusation.If you have a case that needs to be represented at the highest levels, choose John T. Floyd. He's a good man and very good at what he does. Him and his team has the experience you need to make the best decisions and options to get the best outcome for your case. We got the best result I could possibly ask for, thank God.Seriously. Hire John. He knows what he's doing.Seriously.
  • Avatar Banning Lary ★★★★★ 3 years ago
    One of the few honest lawyers I have ever talked to. His complimentary consultation was knowledgeable and thorough. He knew exactly what the issue was and how to handle it. His candid … More appraisal of the situation and how to proceed saved me thousands of dollars in legal fees. If you have a case requiring expertise in John's area of practice, look no further. Hire this man!
  • Avatar Larry Green ★★★★★ 3 years ago
    I had the opportunity to read an article that Mr. Floyd wrote and it was very interesting. I called him about the article and advice concerning a similar situation. He not only gave … More me excellent advice, he pointed out not just what I wanted to hear but what I needed to hear concerning my situation. The Good, The Bad and The ugly in a manner or speaking. He spoke with an open and honest heart with information to help me and not just to get a client.
  • Avatar Jackie Cohen ★★★★★ 3 years ago
    If you are in trouble and need a lawyer, contact the John T. Floyd law firm. Some of the best lawyers in Texas work there! Understanding and helpful lawyers and staff that will do all … More they can to help you 😊
  • Avatar It’s Me ★★★★★ 3 years ago
    He gave me one of the most honest answers I have received in a very long time about any issue I was having with anything. Legal or not legal. I highly recommend giving him a call and … More will be referring him to friends and family if they have any issues in the future.Positive
    Responsiveness, Professionalism …More
  • Avatar I’m Home ★★★★★ 3 years ago
    He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
  • Avatar Tad Nieschwietz ★★★★★ 3 years ago
    Gave free consultation on getting gun rights back. He truly cares about gun rights and getting you the help you deserve. 100% worth a callPositive
    Responsiveness, Quality, Professionalism,
    … More Value …More
  • Avatar Maher Abbara ★★★★★ 3 years ago
    Very professional, great quality work, and very friendly and helpful. Overall, their service is phenomenal. I recommend Mr. Floyd to anyone.
  • Avatar Thomas McLaughlin ★★★★★ 3 years ago
    Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
    Responsiveness, Professionalism …More
  • Avatar Zarrie Adkins ★★★★★ 3 years ago
    He was honest , knowledgeable , and professional about what we talked about. Most lawyers are just about the money , but not john.Positive
    Professionalism …More
  • Avatar Keisha Gaches ★★★★★ 3 years ago
    He was very truthful and honest with us very great man I would recommend him and we would use him again
  • Avatar Samyra Carrasquillo ★★★★★ 3 years ago
    Very professional honest and works hard currently working my husband’s appeal I pray he does his best workPositive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Raul Perez ★★★★★ 3 years ago
    I contacted John T. Floyd Law firm and I was very satisfied with service extremely helpful and friendly thank you Mr. FloydPositive
    Responsiveness, Quality, Professionalism, Value …More
    … More
  • Avatar Johnny Johnson Jr ★★★★★ 3 years ago
    This law frim was informative,great response time ,and the attorney called back not some secretary or legal assistant thank u guys for all your help wish it was more like youPositive … More
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Dana Adkison ★★★★★ 3 years ago
    I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
    Professionalism …More
  • Avatar Crecencio Fabian ★★★★★ 3 years ago
    He explained my case better then any other lawyerPositive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Barry Lewis ★★★★ 3 years ago
    Very informative
  • Avatar Ismael Flores ★★★★★ 3 years ago
  • Avatar Haley Danielle Lummus ★★★★★ 3 years ago
  • Avatar Eddie Villarreal ★★★★★ 3 years ago
  • Avatar Neil Productions ★★★★★ 4 years ago
    Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
  • Avatar S A ★★★★★ 4 years ago
    Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
  • Avatar Gary Watch ★★★★★ 4 years ago
    I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
  • Avatar Saman Daftarian ★★★★★ 4 years ago
    I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
  • Avatar calvin robinson ★★★★★ 4 years ago
    It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
    Responsiveness, Professionalism …More
  • Avatar Alan Howk ★★★★★ 4 years ago
    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
  • Avatar CMCustom Cycles ★★★★★ 4 years ago
    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Greg Page ★★★★★ 4 years ago
    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
    Responsiveness, Professionalism, Value …More
  • Avatar Kristen Rankin ★★★★★ 4 years ago
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
    Professionalism …More
  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
    Professionalism …More
  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★ 8 years ago
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

Request A Confidential Consultation

Fields marked with an * are required

"*" indicates required fields

I Have Read The Disclaimer*
This field is for validation purposes and should be left unchanged.

Our Location

Copyright © 2024 John T. Floyd Law Firm • All rights reserved.