IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,538-01
EX PARTE BILLY JACK VERCHER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. C-12-0815-SB-W-1 IN THE 340TH DISTRICT COURT
FROM TOM GREEN 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: October 5, 2016
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