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Channel: CRIMINAL JURISDICTION a Criminal Law Blog by Houston Criminal Defense Lawyer John T. Floyd » Sexual Assault Charges
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A GOOD LOOK AT POTENTIAL JUROR BIAS

In re Commitment of Seth Hill: The Importance of Uncovering Bias Against Sexual Orientation in Jury Selection By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Every criminal...

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SPECIAL CONDITION X-DESIGNATED AS A SEX OFFENDER

Texas Must Afford Due Process before Imposing Sex Offender Conditions on Parolees By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair The Center for Missing and Exploited Children has...

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UNTESTED RAPE KIT CASES AN ONGOING PROBLEM

Delay in Testing Delays Justice for Victims and Wrongly Accused By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair In a June 4, 2011 article titled “Justice Delayed in Rape Cases,”...

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TEXAS RAPE-SHIELD-RIGHT TO PRIVACY VS THE SIXTH AMENDMENTS CONFRONTATION CLAUSE

TRE 412 Permits Use of Past Sexual Behavior in Limited Circumstances By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Every state in these United States have what is known as “rape...

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IMMUNITY DENIED FOR ROGUE PROSECUTOR

Reasonable Prosecutors Should Know Constitution is Implicated When Person is Deprived of Liberty by State Sponsored Seizure and Detention By: Houston Criminal Lawyer John Floyd and Paralegal Billy...

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ROMEO AND JULIET, MEET ADAM WALSH

Texas law Allows Removal/Avoidance of Sex Registration for Youthful, Non-Violent Consent Based Sex By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Former President George W. Bush in...

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ANOTHER INNOCENT MAN FREED AFTER MISTAKEN IDENTIFICATION

Innocence Project Strikes Again: Henry James Freed After 30 Years By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Thanks to the efforts of the New York-based Innocence Project,...

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THE JERRY SANDUSKY CASE

Outrageous Allegations of Child Sexual Abuse and Failure to Report Devastate Presumption of Innocence and Shift Burden of Proof By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair...

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THE DIFFICULTY WITH CRIMINAL EVIDENCE

Rule 403: Courts Should View Child Porn if Defense Moves to Exclude as Unfairly Prejudicial… By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Jurors in criminal trial are sometimes...

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“ADAM WALSHED”: A DANGEROUS AND COSTLY RESPONSE TO SEXUAL PREDATION

Former President George W. Bush in July 2006 signed into law the Adam Walsh Child Protection and Safety Act (“Walsh Act”). A disturbing byproduct of the Walsh Act is the authorization given to the...

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Restitution in Child Pornography Cases Gets Another Twist

When she was eight and nine years old, Amy was repeatedly sexually abused by her uncle. The uncle photographed the abuse and uploaded the images on the Internet. In the… read more →

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Wrongful Convictions Inevitable in Texas

The State of Texas has made it easier to convict individuals charged with sex crimes against children by allowing evidence of completely unrelated bad acts to be admissible at trial.… read more →

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Compelled Admissions Made During Court Ordered Sex Treatment Inadmissible

Richard Roosevelt Bahr, Jr. is an admitted sex offender. In 2003, he was convicted in Wasco County, Oregon of third-degree rape—a Class C felony with a person under 16 years… read more →

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Woody Allen Sees Renewed Allegations of Sexual Abuse

In a February 1, 2014 “Open Letter” to the New York Times, the adopted daughter of Woody Allen and Mia Farrow, Dylan Farrow, reignited a media firestorm with the allegation… read more →

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Deferred Adjudication is Conviction for Federal Sex Registration Purposes

Deferred Adjudication is Conviction for Federal Sex Registration Purposes Article 42.12, § 3d(a) of the Texas Code of Criminal Procedure provides: “When in its opinion the best interest of society,…...

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Adam Walsh Civil Commitment Case Reversed After Appellate Court Rejects...

The U.S. Justice Department has studied, and found, that a majority of the nation’s incarcerated offenders have experienced some type of physical or sexual abuse and/or neglect. This was certainly…...

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Courts Reluctant to Find Actual Innocence

The maze of Federal post-conviction habeas corpus can be a procedural nightmare as illustrated in a February 13, 2014 decision by the Ninth Circuit Court of Appeals in Vosgien v.… read more →

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Court Narrows Marital Communication Privilege in Illegal Porn Case

On January 6, 2014, the First Circuit Court of Appeals in United States v. Breton narrowed the scope of the marital communications privilege. The Federal case against Royce Breton, a… read more →

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Texas’ Statute Criminalizing Sexually Explicit Online Communications with...

The Texas Court of Criminal Appeals (TexCrimApp) this past October upset district attorneys and “tough on crime” legislators throughout the state when it declared a key provision of the state’s… read...

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Victim Restitution in Child Pornography Cases Still In Flux

The road of Hades is sometimes paved with good intentions. This is so with the case of Luis A. Montalvo-Cruz (“Cruz”) whose appeal to the First Circuit Court of Appeals… read more →

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