NO. .
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
MICHAEL WAYNE BOHANNAN

v. THE STATE OF TEXAS From Appeal No. 09-13-00090-CR Trial Cause No. 12-10-10953-CR Montgomery County 

## COURTQFCRWALAPPEALS MAR272015 Aba!Asosta,CterN 

## BLED 

# COURTOFCRIMINALAPPEALS MAR272S;5 

### AbelAcosta,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 inwhich to file his Petition for DiscretionaryReview. In support thereof, would show the following:

On January 22, 2009, Bohannanwas ordered to be civilly committed under Chapter 841 of the Texas Health and Safety Code 

### by judgeMichael T. Seiler, 435thJudicial District Court of MontgomeryCounty, Texas. On July 22, 2010, theNinth 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 theTexas Supreme Courtwho, on August 31, 2012, affirmed theappellate court's reversal and remand. Inre Bohannan, 

### 388 S.W.3d 296 (Tex.2012). Nevertheless, Bohannanwas convicted onFebruary14, 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 MontgomeryCounty, Texas, with Bohannan 

### receivingaLIFEsentence. Bohannanappealedto the NinthSupreme Judicial District Court ofAppeals inBeaumont. The criminal conviction and LIFE sentence were affirmed on October 29, 2014. 

### Bohannan'spro semotionforrehearingwasoverruledon 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 theFebruary20th order onFebruary 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, onNovember 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 howprisoners 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.concerningyour case." The Clerk suggested Bohannan contact his attorney (who he does not have) or State Counsel for Offenders (the entitywho told himhe 

### did not have to complywith 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 mayhave found someone who will make them for him in the near future. Ill 

### Handling as manypro se prisoner filings as it does, the 

### Court surely is aware that in 2009 the state's prison officials ceasedproviding newvolumes 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 newvolumes 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 theyare 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.

- 3The 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 librarysession) to the prison officials and theyobtain 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)-haspurportedlybeen inoperable sincemid-January 2015. It was onlyafter six weeks of downtime that some cites were obtained fromheadquarters 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 PDRwithin the time allocated by the Rules of Appellate Procedure. He assures the Court that his delay has in no waybeen an attempt to delay the 

### process or gain some sort of unfair advantage. he simplyneeds
more time.
- .5 -ifia 

### WHEREFORE, PREMISES CONSIDERED, Bohannanprays this Honorable 

### Court, inlight of the foregoing, grant this motion and extend 

### the deadline for filing the Petition for Discretionary Review of CauseNo. 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 inPotter County, Texas, and underpenaltyofperjury, doherebyaffirm that the foregoing facts are true and correct. 

### Executed on this the Q-0V^s dayof flirch , 2015. 

# 1&<£/*£ Petitioner/Affiant

5 -

•BBS -re^iHregP^-E-^^^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


## onthisthe 0^^ dayof pl^rch , 2015

Petitioner/Appellant