COURT OF CRIMINAL APPEALS
No. PD-0347-15
MAY 2 7 2015
IN THE
Abel Acosta, Clerk
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
FILED IN
MICHAEL WAYNE BOHANNAN COURT OF CRIMINAL APPEALS
MAY 27 2015
V.
Abei Acosta, Clerk
THE STATE OF TEXAS
From Appeal No. 09-13-00090-CR
Trial Cause No. 12-10-10953-CR
Montgomery County
PETITIONER'S MOTION REQUESTING LEAVE TO FILE A REDUCED
NUMBER OF COPIES OF PETITION FOR DISCRETIONARY REVIEW
AND NOTICE OF INABILITY TO MAKE SERVICE REQUIRED
UNDER RULE 68.11
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:
COMES NOW/ Petitioner Bohannan and moves the Court for leave
to file a reduced number of copies of his Petition For Discretionary
Review ("PDR")/ and notifies the Court of his inability to make
the service required under Rule 68.11. In support thereof/ and
notice thereto, Bohannan would show the following:
Bohannan is currently imprisoned in the Texas Department of
Criminal Justice. While the agency will permit offenders to obtain
copies of their medical records, grievances, visitation lists, and
offender property receipts, the agency, by policy, refuses to
provide offenders copies of legal papers/pleadings, even if that
offender is able and willing to pay for those copies. As a result,
Bohannan would have to hand type most of the copies the Court
normally requires (he could use carbon paper for some) for PDR's.
Not only does Bohannan suffer from carpal tunnel syndrome, making
that typing slow and painful, he would have to obtain the paper
and typewriter ribbon with which to do so, something difficult for
an indigent offender to accomplish.
II
On April 27, 2011;J;- Bohannan gave the prison officials his
first-class prepaid letter to the "State's Prosecuting Attorney"
containing a copy of his Motion To Supplement The Appellate
Record. Bohannan mailed it to the address the TDCJ State Counsel
For Offenders Legal Handbook (the reference the TDCJ provides
offenders in their law libraries) provided, such being:
State Prosecuting Attorney
P.O. Box 12405, Capitol Station
Austin, Texas 78711-2405
On May 12, 2015, Bohannan received the mailing back from the post
office stating "ANK" (Address Not Known), "NIXIE"/ and "Return To
Sender Attempted - Not Known Unable To Forward". Because the
prison officials prohibit copying (as noted above) Bohannan is
unable to provide the Court (and make the required service) of a
copy of the returned envelope. As it currently stands, Bohannan
is unable to make service upon the State's Prosecuting Attorney
- 2
because the prison officials provide an incorrect address to the
state's prison population.
WHEREFORE, PREMISES CONSIDERED, Bohannan prays this Honorable
Court permit him to file a single copy of his PDR with the Clerk
of the Court, and the Montgomery County District Attorney.
Bohannan will maintain an additional copy of the PDR (and this
pleading) for the State Prosecuting Attorney, until such time as
the Court instructs him how to make the required service on same.
Bohannan apologizes to the Court for this inconvienence his
circumstances have created in this cause.
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.
Ixecuted on this the /SY-^ day of W* , 2015
f-
ten.*-
Petitioner/Affiant
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CERTIFICATE OF MAILING AND SERVICE
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 this motion, 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
on this the /2{k day of M~y , 2015.
<^C/^-
Petitioner/Affiant
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Bohannan, Michael Wayne
Combined Opinion