ACCEPTED 03-14-00066-CV 5895779 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/1/2015 10:58:40 AM JEFFREY D. KYLE In the Court of Appeals CLERK For the Third Judicial District Sitting at Austin, Texas FILED IN 3rd COURT OF APPEALS No. 03-14-00066-CV AUSTIN, TEXAS 7/1/2015 10:58:40 AM JEFFREY D. KYLE Clerk Jacob Robert Allen and Karra Trichele Allen Appellants
v.
Rickie Lee Allen Appellee
Appealed from the County Court of Burnet County, Texas
Motion for Leave to File Appellee’s Supplemental Brief and Updated Appendix
Jordan A. Mayfield State Bar No. 24037051 Jeffrey A. Armstrong State Bar No. 24038747 Robert Little State Bar No. 24050940 little@namanhowell.com Naman, Howell, Smith & Lee, PLLC 400 Austin Ave., Ste. 800 Waco, Texas 76701 254-755-4100 254-754-6331 (fax)
Attorneys for Appellee
{03452057.DOC / } No. 03-14-00066-CV
Jacob Robert Allen and Karra Trichele Allen Appellants
Motion for Leave to File Appellee’s Supplemental Brief and Updated Appendix
To the Honorable Court of Appeals:
Comes now Rickie Lee Allen, Appellee in this case, and files this Motion for
Leave to File Supplemental Brief and/or Updated Appendix, and would show unto
the Court as follows:
This matter has been before the Court and ready for disposition since June
18, 2014. In Appellee’s Brief, Appellee stated “On July 1, 2013, Karra Allen shot
her husband, Brian Allen, and killed him.” While on appeal, Karra Trichele Allen
was tried and convicted of murdering her husband, Brian Dean Allen. Appellee
requests the Court of Appeals to file the attached updated Appendix to Appellee’s
Brief, which includes the Judgment of Conviction by a Jury.
{03452057.DOC / } Prayer
Rickie Lee Allen, Appellee, respectfully requests that the Court grant this
Motion, allow the filing of the supplemental and/or updated Appendix, and for
such other relief all such other and further relief to which it is entitled.
Respectfully submitted,
____________________________________ Jordan A. Mayfield State Bar No. 24037051 mayfield@namanhowell.com Jeffrey A. Armstrong State Bar No. 24038747 armstrong@namanhowell.com Robert Little State Bar No. 24050940 little@namanhowell.com Naman, Howell, Smith & Lee, PLLC 400 Austin Ave., Ste. 800 Waco, Texas 76701 254-755-4100 254-754-6331 (fax)
{03452057.DOC / } iii Certificate of Conference
I hereby certify that I have attempted to confer with appellate counsel for Jacob Allen and Karra Trichele Allen – Angela Dowdle and Eddie Shell, and have had no response from the correspondence emailed and faxed to them. I have made reasonable attempts to confer with the other parties to determine their position on the substance of this Motion. I am not able to make a representation to the Court that this Motion is either opposed or unopposed due to their lack of response.
________________________________ Jordan A. Mayfield
Certificate of Service
I hereby certify that a true and correct copy of the foregoing was sent to the person(s) named below, at the address shown by placing the same in a properly addressed envelope, postage pre-paid, and mailing the document by first class mail (and by other means stated below) on July 1, 2015.
Eddie G. Shell Shell & Shell 6000 Highway 281 North Marble Falls, Texas 78654 Via U. S. First Class Mail & Facsimile 830.798.0328
Angela M. Dowdle Angela M. Dowdle, PC 211 E. Jackson Burnet, Texas 78611 Via U.S. First Class Mail & Facsimile 512.756.9110
____________________________________ Jordan A. Mayfield
1 {03452057.DOC / } In the Court of Appeals For the Third Judicial District Sitting at Austin, Texas
No. 03-14-00066-CV
UPDATED APPENDIX
Order Granting Rickie Lee Allen’s Traditional Motion for Summary Judgment A
Holographic Will B
Indictment C
Judgment of Conviction by a Jury D
{03441965.DOCX / } . I
NO. P9661
IN THE ESTATE OF § IN THE COUNTY COURT. § BRIAN ALLEN, § OF § DECEASED § BURNET COUNTY, TEXAS
ORDER GRANTING RICKIE LEE ALLEN'S TRADITIONAL MOTION FOR SUMMARY ~JUDGMENT
Came on to be heard this 18th day of November, 2013, Rickie Lee Allen's Traditional
Motion tol" Summary Judgment, and after considering such Motion and the arguments of
counsel. the Court is of the opinion the Motion should be granted in its entirety.
It is. therefore, ORDERED that Rickie Lee Allen's Motion for Summary Judgment is 'M:;;,r;() by Jttl((j.'i, (/()b(Jr~- 4//,p1"'\ hereby granted with costs of courH'o be taxed against Jacob Robert Allen.
:02624330.DOC / ) PHge I of I Order Granting Rickie Lee Allen's' Tradit tonal Mot ion Jbr Summerry Judgment cYNe. <.:> '20\ '2. l~ CA~ of UN ex ~1tBD ~rH-, ~ 'B~l~N ~~N A\-L.eN A-\\JD \4~ T\2\C~eLe Au.a\J \J?A.V e C/...)~ -e..,.,-A"f"e f: A-G-$'ei$ 10 '"$€: PI VI (';)I:e'",p ';;0('0 0 a-r~N ~f2. C\t\U)\Z~ \J~wB ~1BBiq' ht...e~~~o-Hu-~~ C?"I<~N k~~, \p ~e: ~\~W""~ &ioUL.D t7:urJ!-V\.ve ~l1-te ~e12. 1:;oe::s. NOI/ 11-te F0W-. \OOr t:JF cUlZ e6'1 A{Ie- ~ A~?~'- ~ W\ i--L- (i}::c; 10 tH'e tl>rt v\v \ ~ ~ fuN. IF A{.-'-- F~ ~ ~ ~\Z6 1"b SE ~ LL.ep ~ \,)eot:~ .kr ~ eAt'o"lt Tt 1--'\6/ VJE" vJtAJLD"";' "'-E '"\""0 D~I~t.JA~ iL.!Zts·o-; Ct-tA:t-,rr~y' E 'PAWN ( e ke.vlN Lee At..t..e"-l I't'f::> e~U1'\ve,,:> Cf'~ \.A.\ W\L\... ~ 1€:;.;:rn MONT' 'f/t:;o/t;O Atb'1-~~/or . -P~1iZ-I BUTloN c;= ~qS Ah1ON~-$T FAt1I0( . ME?~ ) At; ~y ~E? fer,
j~~~ L~'~~f2-. ~4~: :::: NO: L\1..]u5 THESTATEOFTEXAS VS. KARRA TRICHELE ALLEN
INDICTMENT: MURDER PENAL CODE: 19.02(b)(1) DEGREE OF FELONY: FIRST DEGREE FELONY OFFENSE CODE: 09990019 BOND: ~'YOD,OOO,~~
CONTROL # DA. . 13~00744 TRN#9192623972 AOOl
IN THE 424th JUDICIAL DISTRICT COURT OF BURNET COUNTY, TEXAS
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:
THE GRAND JURY, for the County of Burnet, State of Texas, duly organized,
impaneled and sworn as such at the January tenn, A.D. 2014, of the 424th Judicial District
Court for said COtll1ty, upon their oaths present in and to said court at said term that,
KARRA TRICHELE ALLEN, hereinafter referred to as Defendant, on or about the 1st
day of July, 2013, and before the presentment of this indictment, in the County of Burnet,
and the State of Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Brian Allen, by shooting him with a firearm.
AGAINST THE PEACE AND DIGNITY OF THE STATE
FOREP
Page 1 of 1 A p p en d i x D
{03442531.DOCX / } CASE No. 42765 COUNT ONE INCIDENT No.lTRN: 9192623972
THE STATE OF TEXAS § IN THE 33RD DISTRICT § V. § COURT § KARRA TRICHELE ALLEN § BURNET COUNTY, TEXAS § STATE ID No. : TX05058281 § JUDGMENT OF CONVICTION BY JURY Date Judgment Judge Presiding: J. ALLAN GARRETT HON.
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ACCEPTED 03-14-00066-CV 5895779 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/1/2015 10:58:40 AM JEFFREY D. KYLE In the Court of Appeals CLERK For the Third Judicial District Sitting at Austin, Texas FILED IN 3rd COURT OF APPEALS No. 03-14-00066-CV AUSTIN, TEXAS 7/1/2015 10:58:40 AM JEFFREY D. KYLE Clerk Jacob Robert Allen and Karra Trichele Allen Appellants
v.
Rickie Lee Allen Appellee
Appealed from the County Court of Burnet County, Texas
Motion for Leave to File Appellee’s Supplemental Brief and Updated Appendix
Jordan A. Mayfield State Bar No. 24037051 Jeffrey A. Armstrong State Bar No. 24038747 Robert Little State Bar No. 24050940 little@namanhowell.com Naman, Howell, Smith & Lee, PLLC 400 Austin Ave., Ste. 800 Waco, Texas 76701 254-755-4100 254-754-6331 (fax)
Attorneys for Appellee
{03452057.DOC / } No. 03-14-00066-CV
Jacob Robert Allen and Karra Trichele Allen Appellants
Motion for Leave to File Appellee’s Supplemental Brief and Updated Appendix
To the Honorable Court of Appeals:
Comes now Rickie Lee Allen, Appellee in this case, and files this Motion for
Leave to File Supplemental Brief and/or Updated Appendix, and would show unto
the Court as follows:
This matter has been before the Court and ready for disposition since June
18, 2014. In Appellee’s Brief, Appellee stated “On July 1, 2013, Karra Allen shot
her husband, Brian Allen, and killed him.” While on appeal, Karra Trichele Allen
was tried and convicted of murdering her husband, Brian Dean Allen. Appellee
requests the Court of Appeals to file the attached updated Appendix to Appellee’s
Brief, which includes the Judgment of Conviction by a Jury.
{03452057.DOC / } Prayer
Rickie Lee Allen, Appellee, respectfully requests that the Court grant this
Motion, allow the filing of the supplemental and/or updated Appendix, and for
such other relief all such other and further relief to which it is entitled.
Respectfully submitted,
____________________________________ Jordan A. Mayfield State Bar No. 24037051 mayfield@namanhowell.com Jeffrey A. Armstrong State Bar No. 24038747 armstrong@namanhowell.com Robert Little State Bar No. 24050940 little@namanhowell.com Naman, Howell, Smith & Lee, PLLC 400 Austin Ave., Ste. 800 Waco, Texas 76701 254-755-4100 254-754-6331 (fax)
{03452057.DOC / } iii Certificate of Conference
I hereby certify that I have attempted to confer with appellate counsel for Jacob Allen and Karra Trichele Allen – Angela Dowdle and Eddie Shell, and have had no response from the correspondence emailed and faxed to them. I have made reasonable attempts to confer with the other parties to determine their position on the substance of this Motion. I am not able to make a representation to the Court that this Motion is either opposed or unopposed due to their lack of response.
________________________________ Jordan A. Mayfield
Certificate of Service
I hereby certify that a true and correct copy of the foregoing was sent to the person(s) named below, at the address shown by placing the same in a properly addressed envelope, postage pre-paid, and mailing the document by first class mail (and by other means stated below) on July 1, 2015.
Eddie G. Shell Shell & Shell 6000 Highway 281 North Marble Falls, Texas 78654 Via U. S. First Class Mail & Facsimile 830.798.0328
Angela M. Dowdle Angela M. Dowdle, PC 211 E. Jackson Burnet, Texas 78611 Via U.S. First Class Mail & Facsimile 512.756.9110
____________________________________ Jordan A. Mayfield
1 {03452057.DOC / } In the Court of Appeals For the Third Judicial District Sitting at Austin, Texas
No. 03-14-00066-CV
UPDATED APPENDIX
Order Granting Rickie Lee Allen’s Traditional Motion for Summary Judgment A
Holographic Will B
Indictment C
Judgment of Conviction by a Jury D
{03441965.DOCX / } . I
NO. P9661
IN THE ESTATE OF § IN THE COUNTY COURT. § BRIAN ALLEN, § OF § DECEASED § BURNET COUNTY, TEXAS
ORDER GRANTING RICKIE LEE ALLEN'S TRADITIONAL MOTION FOR SUMMARY ~JUDGMENT
Came on to be heard this 18th day of November, 2013, Rickie Lee Allen's Traditional
Motion tol" Summary Judgment, and after considering such Motion and the arguments of
counsel. the Court is of the opinion the Motion should be granted in its entirety.
It is. therefore, ORDERED that Rickie Lee Allen's Motion for Summary Judgment is 'M:;;,r;() by Jttl((j.'i, (/()b(Jr~- 4//,p1"'\ hereby granted with costs of courH'o be taxed against Jacob Robert Allen.
:02624330.DOC / ) PHge I of I Order Granting Rickie Lee Allen's' Tradit tonal Mot ion Jbr Summerry Judgment cYNe. <.:> '20\ '2. l~ CA~ of UN ex ~1tBD ~rH-, ~ 'B~l~N ~~N A\-L.eN A-\\JD \4~ T\2\C~eLe Au.a\J \J?A.V e C/...)~ -e..,.,-A"f"e f: A-G-$'ei$ 10 '"$€: PI VI (';)I:e'",p ';;0('0 0 a-r~N ~f2. C\t\U)\Z~ \J~wB ~1BBiq' ht...e~~~o-Hu-~~ C?"I<~N k~~, \p ~e: ~\~W""~ &ioUL.D t7:urJ!-V\.ve ~l1-te ~e12. 1:;oe::s. NOI/ 11-te F0W-. \OOr t:JF cUlZ e6'1 A{Ie- ~ A~?~'- ~ W\ i--L- (i}::c; 10 tH'e tl>rt v\v \ ~ ~ fuN. IF A{.-'-- F~ ~ ~ ~\Z6 1"b SE ~ LL.ep ~ \,)eot:~ .kr ~ eAt'o"lt Tt 1--'\6/ VJE" vJtAJLD"";' "'-E '"\""0 D~I~t.JA~ iL.!Zts·o-; Ct-tA:t-,rr~y' E 'PAWN ( e ke.vlN Lee At..t..e"-l I't'f::> e~U1'\ve,,:> Cf'~ \.A.\ W\L\... ~ 1€:;.;:rn MONT' 'f/t:;o/t;O Atb'1-~~/or . -P~1iZ-I BUTloN c;= ~qS Ah1ON~-$T FAt1I0( . ME?~ ) At; ~y ~E? fer,
j~~~ L~'~~f2-. ~4~: :::: NO: L\1..]u5 THESTATEOFTEXAS VS. KARRA TRICHELE ALLEN
INDICTMENT: MURDER PENAL CODE: 19.02(b)(1) DEGREE OF FELONY: FIRST DEGREE FELONY OFFENSE CODE: 09990019 BOND: ~'YOD,OOO,~~
CONTROL # DA. . 13~00744 TRN#9192623972 AOOl
IN THE 424th JUDICIAL DISTRICT COURT OF BURNET COUNTY, TEXAS
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:
THE GRAND JURY, for the County of Burnet, State of Texas, duly organized,
impaneled and sworn as such at the January tenn, A.D. 2014, of the 424th Judicial District
Court for said COtll1ty, upon their oaths present in and to said court at said term that,
KARRA TRICHELE ALLEN, hereinafter referred to as Defendant, on or about the 1st
day of July, 2013, and before the presentment of this indictment, in the County of Burnet,
and the State of Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Brian Allen, by shooting him with a firearm.
AGAINST THE PEACE AND DIGNITY OF THE STATE
FOREP
Page 1 of 1 A p p en d i x D
{03442531.DOCX / } CASE No. 42765 COUNT ONE INCIDENT No.lTRN: 9192623972
THE STATE OF TEXAS § IN THE 33RD DISTRICT § V. § COURT § KARRA TRICHELE ALLEN § BURNET COUNTY, TEXAS § STATE ID No. : TX05058281 § JUDGMENT OF CONVICTION BY JURY Date Judgment Judge Presiding: J. ALLAN GARRETT HON. Entered: 6/2/2015 WILEY MCAFEE! Attorney for Attorney for State: EDDIE SHELL PETERKEIM Defendant: Offense for which Defendant Convicted: MURDER Charging Instrument: Statute for Offense: INDICTMENT 19.02(b)(l) Penal Code Date of Offense: 71112013 Degree of Offense: Plea to Offense: 1ST DEGREE FELONY NOT GUILTY Verdict of Jury: Findings on Deadly Weapon: GUILTY YES, A FIREARM Plea to 1'1 Enhancement Plea to 2nd EnhancementlHabitual Paragraph: N/A Paragraph: N/A Findings on 1"1 Enhancement Findings on 2nd Paragraph: N/A EnhancementlHabitual Paragraph: N/A Punished Assessed by: Date Sentence Imposed: Date Sentence to Commence: JURY 6/2/2015 6/2/2015 Punishment and Place of Confinement: LIFE INSTITUTIONAL DIVISION, TDCJ THIS SENTENCE SHALL RUN CONCURRENTLY. D SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A Fine: Restitution: Restitution Payable to: $N/A $N/A o VICTIM (see below) 0 AGENCY/AGENT (see below)
If Defendant is to serve sentence in TDCJ. enter incarceration periods in chronological order. From 7/212013 to 8/8/2013 From to From to Time From to From to From to Credited: If Defendant is to serve sentence 10 county jailor IS given credit toward fine and costs, enter days credited below. N/A DAYS NOTES: N/A All pertinent information, names and assessments iodicated above are incorporated ioto the language of the judgment below by reference. This cause was called for trial in Llano County, Texas. The State appeared by her District Attorney. Counsell Waiver of Counsel
Jacob Robert Allen and Karra Trichele Allen v. Rickie Lee Allen, (Tex. Ct. App. 2015).
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