austindefender

Criminal defense in Austin Texas.

An LOL moment – & More About Expunctions.

Posted By on January 1, 2009

This is relatively old news, but since it’s new to me, I’m writing about it.

Several years ago, a man was indicted for delivery of marijuana.  He pled “not guilty,” and went to trial.  The jury acquitted him of the delivery charge, but convicted him of the lesser offense of possession, instead.

The man then hired a lawyer, seeking to expunge – or erase – the delivery charge.

The lawyer filed the appropriate paperwork, and that’s when the trouble began.

In December 2003, the State of Texas indicted the lawyer on four counts of the felony offense of “Tampering with a Government Record.”

Apparently the lawyer, Jim Vasilas, said in his papers that the charge had been “dropped.”  In fact, there was an acquittal, and a conviction on a lesser charge.

Thus began a five-year odyssey during which the criminal case against Mr. Vasilas made a complete circuit of the criminal court system of the state of Texas.  Without getting into all the details – most of which are boring – let’s just say the case was thrown out by the trial court, thrown out by the appeals court, reinstated by the Court of Criminal Appeals, which sent it back to the appeals court, which sent it back to the trial court… which promptly threw it out again.

Seriously.  (Imagine all the trees that died for that.)

But anyway, all that was to get to my LOL moment, which was this – The Final Paragraph of the Final Document Ever to be Filed in the Case of The State of Texas vs. James Vasilas (praise be to God in Heaven):

Who knows?

Maybe the Supreme Court would call the Texas Court of Criminal Appeals a bunch of dumb-asses?


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