SOURCE: John T. Floyd Law Firm

John T. Floyd Law Firm

December 29, 2009 14:14 ET

Houston Criminal Defense Attorney John Floyd Announces Publication of Articles on the Use of Extraneous Evidence in Criminal Cases

HOUSTON, TX--(Marketwire - December 29, 2009) - Houston Criminal Attorney John Floyd, has published a three part series on the use of extraneous offenses and other bad acts in criminal cases.

Extraneous evidence is evidence of another crime, wrong or bad act that is not relevant to proving the specific allegation made in the charging instrument, information or indictment. It is generally inadmissible in the guilt/innocence stage of a criminal case because it is irrelevant to the charge and has no bearing on any fact that is of consequence in that case.

The use of extraneous offense evidence is commonly used by prosecutors in cases involving sex crimes.

"The increased use of extraneous offense evidence by prosecutors against individuals charged with sex crimes is often motivated by the inherent weakness of the evidence in most of these cases. They are typically based purely upon the word of the complaining witness and set against a backdrop leading to defense arguments of improper motivation or vindictiveness.

"Given the current state of the law in Texas, it is incredibly important that criminal defense attorneys properly identify extraneous evidence and properly object to its admission in court. The current state of jurisprudence in this area has become unworkable and will most surely be addressed by the U.S. Supreme Court in the future. Failure of defense lawyers to object to the admission of extraneous evidence could waive this important issue for later review and possible grounds for relief," says Floyd.

For the Firm's publications regarding this topic and other articles relevant to criminal law from a defense perspective visit http://www.johntfloyd.com/. For publications regarding the use of extraneous evidence visit http://www.johntfloyd.com/comments.htm.

About the John T. Floyd Firm:

Houston Criminal Attorney John Floyd has been rated as among the best and brightest attorneys practicing criminal law and has been recognized as one of Houston's Top Lawyers for the People (2008, 2009), Top Lawyers: Criminal Defense (2008, 2009) and has earned a "Superb" rating, scoring 10/10, from AVVO. He has appeared on national television and radio programs as an expert on criminal law related issues and has been quoted in newspapers and other news outlets throughout the country.

Contact Information

  • Contact:
    John T. Floyd Law Firm
    Houston Criminal Defense Lawyers
    440 Louisiana, Ste. 1900
    Houston, Texas 77002

    713-224-0101
    www.JohnTFloyd.com