Rivers, Danny Richard Jr. ( 2016 )

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
CAUSE NOS. 51391-A*1 & 51391-A*2 IN THE 30TH DISTRICT COURT
FROM WICHITA COUNTY
ALCALA , 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
TEX . CODE CRIM . PROC. ART . 1.051(d).
Rivers - 2
Filed: October 5, 2016
Do Not Publish