Nowden, Billy Steven ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,411-01
EX PARTE BILLY STEVEN NOWDEN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 24435 HC-1 IN THE 6TH DISTRICT COURT
FROM LAMAR COUNTY
ALCALA , J., filed a concurring opinion.
CONCURRING OPINION
Billy Steven Nowden, applicant, contends that he was incompetent at his guilt and revocation
proceedings, and, therefore, I agree with this Court’s remand order’s determination that applicant
has alleged facts that, “if true, might entitle him to relief.” I, however, do not join this Court’s order
because I conclude that it is in the interests of justice to appoint counsel for applicant upon request
if he is indigent regardless of whether the habeas court conducts a live hearing. See Ex parte
Pointer, 492 S.W.3d 318, 320-21 (Tex. Crim. App. 2016) (per curiam) (Alcala, J., concurring).
Specifically, 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). With these comments, I respectfully concur in this Court’s order.
Nowden - 2
Filed: April 26, 2017
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