Category Archives: General

Aggravated Assault with a Deadly Weapon Results in Acquittal in Smith County

June 27th, 2019

For the last 3 days, Buck Files and Brett Harrison have been involved in a Jury Trial in the 114th District Court in Smith County. We’re pleased that our attorneys were able to protect the rights of John Henry Thompson and the jury found him Not Guilty on the charge of Aggravated Assault with the a Deadly Weapon.

“This cause was called for trial in Smith County, Texas. ‘I’he State appeared by her District Attorney.

Defendant appeared in person with Counsel, Buck Files and Brett Harrison.

It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging instrument. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the jury, and Defendant entered a plea of NOT GUILTY to the charged offense. The Court received the plea and entered it of record. The jury heard the evidence submitted and the argument of counsel.

The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict.

The Court received the jury’s verdict and ordered the verdict entered of record upon the minutes of the Court as follows:
“We, the Jury, find the defendant, JOHN THOMPSON, NOT GUILTY.”
The Court ORDERS, ADJUDGES, AND DECREES that Defendant is NOT GUILTY of the charged offense as FOUND BY THE VERDICT OF THE JURY. The Court FURTHER ORDERS Defendant immediately discharged.”

Lindale woman receives probated sentence of 10 years in prison, $10,000 fine for intoxication manslaughter of 2 people on Toll 49, Vass to serve 120 days in Smith County Jail.

By LouAnna Campbell, Tyler Paper

A Smith County jury deliberated for about 5 1/2 hours and returned a unanimous decision in a sentencing hearing for a Lindale woman who killed two people on Toll 49.

Jessica Lauren Vass, 36, received a probated sentence of 10 years in prison and a fine of $10,000 after pleading guilty to intoxication manslaughter in the 2017 deaths of Gary McCrary, 62, of Flint, and Annette Burkhart, 56, of Garland, who were working to change a flat tire on Toll 49, north of Texas Highway 64, in Smith County.

As a condition of her probation, Vass will serve 120 days in the Smith County Jail and the rest of her sentence with the Smith County Community Supervision and Corrections Department. She will have to pay the fine.

The jury was able to consider the deferred adjudication because Vass had no prior felony convictions.

“It was what we asked for,” said Vass’ defense attorney Brett Harrison. “We’re very happy for Jessica and equally happy that the victims’ family members were able to express closure and peace.”

Vass was emotional when 241st District Court Judge Jack Skeen announced her sentence Thursday.

Members of the McCrary and Burkhart families talked with Vass, cried with her and hugged her after court adjourned.

During victim impact statements, McCrary’s stepdaughters expressed their forgiveness and even asked Skeen if it was possible to get up and give Vass a hug.

They both asked Vass to continue telling her story in order to honor McCrary’s memory.
Burkhart’s daughter Jennifer Le read a statement she called a tribute to her mother. It focused on the things her mother is missing.

Le told Vass she wants to get to know her and her family because she is a part of her life now.

“The forgiveness was really something to see,” Harrison said. “This was a tragic event. Not everyone is happy, but I hope this gives them a tiny bit of relief.”

Burkhart’s son Matthew Burkhart told Vass he is not ready to forgive her.

“I feel lost and broken,” he said. “I’m distant to my wife and daughter. I want my mom back. I want to talk to her. I want my daughter to hear her laugh. She can’t do that and that is why I can’t forgive you right now.”

During closing statements, Smith County Assistant District Attorney Jeff Bullock told jurors they are voices of the community.

“Whatever sentence you render the system did what it was supposed to do,” Bullock said. “What we can ask of you is that you remember those victims, remember what happened to them. Remember their family members and who was left behind.”

Vass pleaded guilty Monday to the charges and elected to have a jury decide on her punishment. Testimony began Tuesday and ended Wednesday.

Vass faced up to 20 years in prison for the second-degree felony charges.

Is the Supreme Court About to Limit Habeas Relief Under Padilla?

By Buck Files

Last June, the United States Court of Appeals for the Sixth Circuit held that a non-citizen defendant could not establish prejudice resulting from his lawyer’s deficient performance in advising him that he would not be subject to deportation if he pleaded guilty to a drug offense and affirmed the district court’s denial of Lee’s § 2255 motion to vacate his conviction and sentence. Lee v. United States, 825 F.3d 311 (6th Cir. 2016) [Circuit Judges Norris, Batchelder and Sutton (Opinion by Batchelder)]. See also Lee v. United States, (W.D. Tenn. Mar. 20, 2014), not reported in F. Supp.3d, 2014 WL 1260388.

In December, the Supreme Court granted certiorari in Lee to determine whether overwhelming evidence of guilt can preclude prejudice from a lawyer’s deficient performance about the deportation consequences of a guilty plea. Lee v. United States, 2016 WL 4944484 (December 15, 2016). In deciding this issue, the Supreme Court will resolve a conflict between the Circuits.

This is the first case with a Padilla issue that I have looked at since 2010. Out of curiosity, I did three quick searches on WestLaw and found that 3,634 federal cases and 2,111 state cases (including 231 from Texas courts), in the past seven years, have cited Padilla v. Kentucky, 130 S.Ct. 1473 (2010).

For immigration lawyers, Padilla was a financial boon. Criminal lawyers began to light up their telephones to ask, “If my client pleads guilty, is he going to get deported?” Even before Padilla, we relied on the advice of Richard Fischer, an immigration lawyer from Nacogdoches who has a state wide reputation as a guru on these issues – and we continue to do so.
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