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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-84,245-02 EX PARTE MAURICE SAMUEL ARRINGTON, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 69198-B IN THE 426TH DISTRICT COURT FROM BELL 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). Filed: January 11, 2017 Do Not Publish
Document Info
Docket Number: WR-84,245-02
Filed Date: 1/11/2017
Precedential Status: Precedential
Modified Date: 1/16/2017