PD-0347-15
NO. .
IN THE
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS COURT QF CRWAL APPEALS
MAR 27 2015
MICHAEL WAYNE BOHANNAN
v. Aba! Asosta, CterN
THE STATE OF TEXAS
BLED
From Appeal No. 09-13-00090-CR COURT OF CRIMINAL APPEALS
Trial Cause No. 12-10-10953-CR MAR 27 2S;5
Montgomery County
Abel Acosta, Clerk
PETITIONER'S FIRST MOTION FOR AN EXTENSION OF TIME TO FILE
HIS PETITION FOR DISCIPLINARY REVIEW
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:
COMES NOW/ Petitioner Michael Bohannan, pro se, and files this
motion for an extension of sixty (60) days in which to file his
Petition for Discretionary Review. In support thereof, would
show the following:
On January 22, 2009, Bohannan was ordered to be civilly
committed under Chapter 841 of the Texas Health and Safety Code
by judge Michael T. Seiler, 435th Judicial District Court of
Montgomery County, Texas. On July 22, 2010, the Ninth Supreme
Judicial District Court of Appeals reversed that order of
commitment and remanded the matter back to the trial court
- 1 -
In re Bohannan, 2010 Tex.App. LEXIS 5737. The State filed an
appeal with the Texas Supreme Court who, on August 31, 2012,
affirmed the appellate court's reversal and remand. In re Bohannan,
388 S.W.3d 296 (Tex.2012). Nevertheless, Bohannan was convicted
on February 14, 2013, of violating the rules/conditions of the
very commitment order the state's appellate court had reversed.
That conviction was under Cause No. 12-10-10953-CR in the 435th
Judicial District of Montgomery County, Texas, with Bohannan
receiving a LIFE sentence. Bohannan appealed to the Ninth Supreme
Judicial District Court of Appeals in Beaumont. The criminal
conviction and LIFE sentence were affirmed on October 29, 2014.
Bohannan's pro se motion for rehearing was overruled on January
8, 2015. Bohannan's pro se motion for rehearing en banc was
overruled on February 20, 2015. The prison officials delivered
the notice of the February 20th order on February 25, 2015. As
best Bohannan can calculate, his PDR is due on or before March
23, 2015. Bohannan, because of the impediments/limitations noted
below, is unable to meet that March 23, 2015 date, and moves the
Court for an extension of time of sixty (60) days.
II
Bohannan understands the Rules of Appellate Procedure to
require that he attach copies of the appellate court orders to
his PDR. As the Court is no doubt aware, the Texas prison
officials do not provide offenders copies of legal documents
(though they will provide them copies of grievances, medical
records, and visitation lists). Bohannan, on November 25, 2014,
- 2 -
and again on January 23, 2015, wrote the Court Clerk inquiring
about his need to provide copies and requesting some instruction
as to how prisoners in Texas are complying with the copy rule.
On January 26, 2015, (for some reason referencing WR-25,282-24)
the Clerk informed Bohannan that "Neither the members of the Court
nor its staff may give legal advice.concerning your case." The
Clerk suggested Bohannan contact his attorney (who he does not
have) or State Counsel for Offenders (the entity who told him he
did not have to comply with the commitment order he received the
LIFE sentence for). Bohannan would inform the' Court that he has
not yet been able to acquire the required copies but that he does
believe he may have found someone who will make them for him
in the near future.
Ill
Handling as many pro se prisoner filings as it does, the
Court surely is aware that in 2009 the state's prison officials
ceased providing new volumes of Texas Southwestern 3rd, Federal
Supplement 2d, Federal Reporter 3d., and Supreme Court Reporters,
along with their pocket parts. In 2012, the agency ceased
providing any new volumes of West's Texas Digest 2d, or its
pocket parts. In that same time period, those officials removed
all the Shepard's Citations from the prison law libraries as
well. Those officials do not provide trained legal assistance
to those they are imprisoning. The offender legal handbook they
provide is so outdated it still instructs that an offender is to
file his PDR in the appellate court.
- 3
The only way Bohannan can now obtain access to current case
law, Shepard's citations, and/or current updates to the Digest,
is to submit the correct citation(s) (a limit of three per law
library session) to the prison officials and they obtain them
off a computer which is located in the law library. The official
then provides the cite to the offender, at a subsequent session,
for the offender to read and return to them that session.
However, the computer's printer at Bohannan's assigned unit
(holding around 4,000 offenders)- has purportedly been inoperable
since mid-January 2015. It was only after six weeks of downtime
that some cites were obtained from headquarters in Huntsville, a
process that takes around a week. Bohannan has been waiting on
a West Digest update since mid-January, for a West Key relevant to
this appeal.
IV
Bohannan's appointed appellate attorney promptly notified
Bohannan that his duties and responsibilities were over when the
appellate court affirmed. Therefore, Bohannan is proceeding pro
se from his prison cell.
CONCLUSION
All of the above impediments/limitations have contributed
to Bohannan's inability to present his PDR within the time
allocated by the Rules of Appellate Procedure. He assures the
Court that his delay has in no way been an attempt to delay the
process or gain some sort of unfair advantage. he simply needs
more time.
- .5 -
WHEREFORE, PREMISES CONSIDERED, Bohannan prays this Honorable
Court, in light of the foregoing, grant this motion and extend
the deadline for filing the Petition for Discretionary Review
of Cause No. 09-13-00090-CR to May 22, 2015.
Respectfully submitted,
^^
Michael W. Bohannan #1841746
9601 Spur 591
Amarillo, Texas 79107-9606
806-381-7080
UNSWORN DECLARATION
I, Michael Bohannan, being presently imprisoned in Potter
County, Texas, and under penalty of perjury, do hereby affirm
that the foregoing facts are true and correct.
Executed on this the Q-0 V^s day of flirch , 2015.
1&<£/*£
Petitioner/Affiant
5 -
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ifia •BBS
CERTIFICATE OF SERVICE AND MAILING
I, Michael Bohannan, being presently imprisoned in Potter
County, Texas, and under penalty of perjury, do hereby affirm
that I have delivered a copy of Petitioner's First Motion For An
Extension of Time, to a TDCJ official, first-class postage
prepaid, for mailing to:
Clerk of the Court
Texas Court of Criminal Appeals
P.O. Box 12308, Capitol Station
Austin, Texas 78711-2308
William Delmore, Asst. Dist. Att'y
207 W. Phillips Street
Conroe, Texas 77301
State Prosecuting Attorney
P.O. Box 12405, capitol Station
Austin, Texas 78711-2405
on this the 0^^ day of pl^rch , 2015
Petitioner/Appellant
Bohannan, Michael Wayne
Combined Opinion