Case Information
*1 IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-84,550-01 & WR-84,550-02 EX PARTE DANNY RICHARD RIVERS, JR., Applicant ON APPLICATIONS FOR WRITS OF HABEAS CORPUS TH CAUSE NOS. 51391-A*1 & 51391-A*2 IN THE 30 DISTRICT COURT FROM WICHITA COUNTY
A LCALA , J., filed a concurring opinion .
CONCURRING OPINION
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 the 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 T EX . C ODE C RIM . P ROC . A RT . 1.051(d).
Rivers - 2 Filed: October 5, 2016
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