PD-1016-15
PD-1016-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/6/2015 10:32:15 PM
Accepted 8/11/2015 1:16:53 PM
ABEL ACOSTA
CLERK
COURT OF CRIMINAL APPEALS
PD- -15
Ex Parte Julie Ann VonTungeln
On Discretionary Review from
No.10-14-00329-CR
Tenth Court of Appeals, Waco
On Appeal From No. F43117-A
18th District Court, Johnson County
Motion to Extend Time to File
Petition for Discretionary Review
Kristin R. Brown
18208 Preston Road
Dallas, Texas 75252
Phone: 214-446-3909
Fax: 214-481-4868
kbrown@idefenddfw.com
Texas Bar No. 24081458
Michael Mowla
445 E. FM 1382 No. 3-718
Cedar Hill, Texas 75104
Phone: 972-795-2401
Fax: 972-692-6636
michael@_mowlalaw.com
Texas Bar No. 24048680
Attorneys for Appellant
August 11, 2015
To the Honorable Justices of the Court of Criminal Appeals:
Appellant Julie VonTungeln moves for an extension of time of 30 days to
file a petition for discretionary review:
l. On August 6, 2015, in Ex Parle Julie Von Tungeln, 10-14-00329-CR,
2015 Tex. App. LEXIS 8247 (Tex. App. Waco, August 6, 2015) (memorandum
opinion) the Court of Appeals affirmed the 18th District Court's denial of
Appellant's Application for Writ of Habeas Corpus under 11.072. See attached.
2. The petition for discretionary review is due September 5, 2015.
3. For good cause, Appellant asks for an extension of 30 days, until
October S, 2015, to file the petition for discretionary review.
4. No previous extension to file the petition for discretionary review has
been filed.
5. Appellant relies on the following facts as good cause for the requested
extension: undersigned counsel Kristin R. Brown just completed an Appellant's
Brief in Ryder v. State, 07-15-00003-CR, Seventh Court of Appeals.
6. Further, Ms. Brown has the following briefs, petitions for
discretionary review, or other pleadings due soon:
• Appellant's Brief in Jessica Boyett v. State of Texas, 6th Court of
Appeals, due September 8, 2015.
2
• Appellant's Brief in James Kirvin v. State of Texas, 5th Court of
Appeals, due August 16, 2015
• Appellant's Brief in Cathy Lea Bates v. State of Texas, 5th Court
of Appeals, due August 29, 2015.
• Appellant's Brief in David Fothergill v. State of Texas, 5th Court
of Appeals, due August 28, 2015.
• Appellant's Brief in David Wayne Cahill v. State of Texas, 5th
Court of Appeals, due September 13, 2015.
• Ex Parte Michael Ca"oll, 3-15-cv- , a federal writ under 28
USC 2255, Northern District of Texas, due on October 29, 2015.
7. In addition, Ms. Brown is preparing for oral arguments in Robert
James Gray v. State of Texas (murder) and Jeffery Lynn Aday v. State of Texas,
both in front of the Fifth District Court of Appeals on September 23, 2015, and
October 14, 2015, respectively.
8. Finally, Ms. Brown will also be out-of-state at continuing legal
education in Wyoming from August 21, 2015 to September 3, 2015.
9. Mowla has the following briefs, petitions for discretionary review, or
other pleadings due soon:
• Collins v. State, 08-15-00103 (murder case), appellant's brief due on
August 10, 2015 in the Eighth Court of Appeals
• Jackson v. State, 05-15-00414-CR, appellant's brief due on August
10, 2015 in the Fifth Court of Appeals
3
• Hernandez v. State, I 0-14-00302-CR, reply brief due on August I 0,
2015 in the Tenth Court of Appeals
• Zimmerman v. Harris, 15-50424, appellant's brief due on August 20,
2015 in the Fifth Circuit
• Burks v. Price, 15-40799, appellant's brief due on August 25, 2015 in
the Fifth Circuit
• Munoz v. State, 05-15-00158-CR, appellant's brief due on September
12, 2015 in the Fifth Court of Appeals
IO.In addition, Mow la continues work on a federal habeas corpus death
penalty case, Jones v. Stephens, 4:05-CV-638-Y.
I I .And, Mowla was recently appointed on a federal death penalty habeas
case in Green v. Director, 3: I 5-cv-02197-M-BH.
12.Further, Mowla also continues work on a state habeas corpus death
penalty case, Ex parte Thomas, F86-85539, in the 194•h Judicial District Court.
This case is in its investigation stage and requires considerable amount of time.
13.Finally, Mowla continues work on several habeas cases involving the
underlying issue in Miller v. Alabama, 132 S.Ct. 2455 (2012).
14.This Motion is not filed for purposes of delay, but so that justice may
be served.
4
Prayer
Appellant prays that this motion for extension of time to file the PDR be
granted.
Respectfully submitted,
The Law Office of Kristin R. Brown, PLLC
18208 Preston Road
Dallas, Texas 75252
Phone:214-446-3909
Fax:214-481-4868
kbrown@idefenddfw.com
Texas Bar No. 24081458
Attorney for Appellant
/s/ Kristin R. Brown
By: Kristm R. Brown
Michael Mowla
445 E. FM 1382 No. 3-718
Cedar Hill, Texas 75104
Phone:972-795-2401
Fax:972-692-6636
michael@mowlalaw.com
Texas Bar No. 24048680
Attorney for Appellant
/s/ Michael Mowla
By: Michael Mowla
5
Certificate of Service
I certify that on August 6, 2015, a true and correct copy of this document
was served on David Vernon of the Johnson County District Attorney's Office,
Appellate Division, by email to davidv@johnsoncountv.tx.org. and on Lisa
McMinn, the State Prosecuting Attorney, by email to
Lisa.McMinn@spa.texas.gov, and John Messinger, Assistant State Prosecuting
Attorney, by email to john.messinger@spa.state.tx.us. See Tex. Rule App. Proc.
9.5 (2015) and 68.11 (2015).
/s/ Kristin R. Brown
By: Kristm R. Brown
6
No Shepard's Signal™
As of: August 6, 2015 I 0:42 PM EDT
Ex oarte Tungeln
Court of Appeals of Texas, Tenth District
August 6, 2015, Opinion Filed
No. 10-14-00329-CR
Reporter
2015 Tex. App. LEXIS 8247
EX PARTE JULIE ANN VON TUNGELN Registration
of Informal Marriage, seeTEX. FAM.
CODEANN. §§ 2.../01, 2.-102 (West 2006), but they had it
Notice: Decision text below is the first available text from immediately annulled when they learned that Alsobrook's
the court: it has not been editorially reviewed by LexisNexis. divorce was not final. Alsobrook, like Appellant, was also
Publisher's editorial review, including Headnotes, Case on felony community supervision.Ion June 19, 2013, [*2]
Summary, Shepard's analysis or any amendments will be the State filed its First Amended Motion to Proceed with an
added in accordance with LexisNexis editorial guidelines. Adjudication of Guilt; it alleged in part that Appellant
violated
Core Terms Condition 3, "to-wit: on or about May 24, 2013 the
defendant married Steven Alsobrook, who has an extensive
community supervision, probation, pet, trial court, parte, criminal history and is currently on felony probation for
Probationers, terms and conditions, conditions, rights Family
Violence in Dallas County, Texas."2After Appellant agreed
Opinion
to two weeks in jail as a condition of probation for the
alleged violations, the State withdrew its motion to
[*l] From the 18th District Court Johnson County, Texas
adjudicate.
Trial Court No. F43117-A
On August 27, 2013, and again without the trial court's
MEMORANDUM OPINION
approval,3Appellant and Alsobrook filed a second Formal
In 2009, Appellant Julie Ann Von Tungeln pleaded guilty to Declaration and Registration of Informal Marriage. After
filing several unsuccessful motions to modify her community
two counts of sexual assault of a child under a plea bargain
supervision terms and conditions so that she could associate
that included the following terms: ten years' deferred
with Alsobrook, Appellant filed the instant habeas application
adjudication community supervision, 180 days in county
and raised constitutional complaints about Condition 3' s
jail with work release, a $2,000 fine, sex-offender terms and
application to her spouse. SeeTEX. CODECRIM. PROC.
conditions, and standard community supervision terms and
ANN. arr. 11.072. § 3.t. A.rm.-Fnrr
judge may impose any reasonablecondition that is designed \forth 2003. no pet.) (citing
to protect or restore the community, protect or restore the
victim, or punish, rehabilitate. or reform the defendant." Griffi11 1·. Wisconsin. 483 U.S. 868. 875. 107 S.Ct. 3164.
TEX. CODECRIM. PROC. ANN. art. 42. I 2. § ]](a) (West 3169. 97 L.Ed.2d 709 <1987)).
Supp. 2014). One of the statutory conditions that a trial
court may include is that the defendant shall: "Avoid [R]ehabilitation is [not] the sole goal of probation. A second
persons or places of disreputable or harmful character." primary goal of probation is protecting society. Knights, 534
Id.art. 42.12. § 1](a)(3). This condition is presumptively U.S. at 119, 122 S.Ct. 587; see TEX. CODECRIM. PROC.
ANN. art. 42.12 sec. IJ(a) (Vernon Supp. 2008) (stating
reasonable. SeeMitclzell '" State. 420 S. W3d 448. 450