Arrington, Maurice Samuel ( 2017 )


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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    Do Not Publish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