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Ex parte Carter

COURT OF CRIMINAL APPEALS OF TEXAS
May 3, 2017
NO. WR-75,210-06 (Tex. Crim. App. May. 3, 2017)

Opinion

NO. WR-75,210-06

05-03-2017

EX PARTE GEORGE MICHAEL CARTER, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR10-0193-01 IN THE 43RD DISTRICT COURT FROM PARKER COUNTY ALCALA, J., filed a concurring opinion. CONCURRING OPINION

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 would require the habeas court on remand to appoint counsel for applicant 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). 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. Filed: May 3, 2017
Do Not Publish


Summaries of

Ex parte Carter

COURT OF CRIMINAL APPEALS OF TEXAS
May 3, 2017
NO. WR-75,210-06 (Tex. Crim. App. May. 3, 2017)
Case details for

Ex parte Carter

Case Details

Full title:EX PARTE GEORGE MICHAEL CARTER, Applicant

Court:COURT OF CRIMINAL APPEALS OF TEXAS

Date published: May 3, 2017

Citations

NO. WR-75,210-06 (Tex. Crim. App. May. 3, 2017)