EX PARTE PEDRO VALENTIN-ESCOBAR, Applicant
NO. WR-85,408-01
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
October 5, 2016
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F-2014-1145-A WHC-1 IN THE 16TH DISTRICT COURT FROM DENTON COUNTY
ALCALA, J., filed a concurring opinion in which JOHNSON, J., joined.
I join this Court‘s remand order because I agree with its observation that applicant has alleged facts that “if true, might entitle him to relief.” Because applicant has pleaded a colorable ineffective-assistance-of-counsel claim, I would order the habeas court on remand to appoint counsel for him upon request if he is indigent, regardless of whether the trial court holds a hearing. See Ex parte Pointer, 492 S.W.3d 318, 320-21 (Tex. Crim. App. 2016) (per curiam) (Alcala, J., concurring). At a minimum, however, in addition to this Court‘s order‘s current admonition that the appointment of counsel is mandatory for an indigent applicant upon request if the habeas court holds a hearing, I would include a further admonishment that an indigent applicant is “entitled” to the appointment of counsel upon request “if the court concludes that the interests of justice require representation.” See
Filed: October 5, 2016
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