IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,317-01
EX PARTE HANI MOFIDINASAB, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 120-15-A IN THE 2ND 25TH DISTRICT COURT
FROM GONZALES COUNTY
ALCALA , J., filed a concurring opinion.
CONCURRING OPINION
Hani Mofidinasab, applicant, presents a complicated double-jeopardy claim that is beyond
the scope of matters that an ordinary pro se litigant might reasonably be expected to effectively
litigate in a post-conviction habeas proceeding. Thus, although I agree with this Court’s remand
order’s determination that applicant has alleged facts that, “if true, might entitle him to relief,” I do
not join this Court’s order because I conclude that, on remand, it would be in the interests of justice
for the habeas court to appoint counsel for applicant upon request if he is indigent, regardless of
whether the habeas court conducts a live 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
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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 that remands this case to the habeas court.
Filed: April 26, 2017
Do Not Publish