Opinion
NO. WR-85,821-01
11-23-2016
EX PARTE LARRY DONNELL GIBBS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2015CRR001320-D1(A) IN THE 49TH DISTRICT COURT FROM WEBB 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: November 23, 2016
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