Castle, James Earl ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,298-02
EX PARTE JAMES E. CASTLE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W13-71038-K(B) IN CRIMINAL DISTRICT COURT NO. 4
FROM DALLAS COUNTY
A LCALA, J., filed a concurring opinion in which J OHNSON, J., joined.
CONCURRING OPINION
I respectfully concur in this Court’s order that remands this application to the
convicting court. I, however, do not join the Court’s order. For the reasons explained in my
concurring opinion in Ex parte Pointer, I would include language in the Court’s order
advising the habeas court of its statutory obligation to appoint post-conviction counsel to an
indigent pro se habeas applicant if the court determines that the interests of justice require
representation. See Ex parte Pointer, Nos. WR-84,786-01 & WR-84,786-02, 2016 WL
3193254 (Tex. Crim. App. June 8, 2016) (Alcala, J., concurring) (citing T EX. C ODE C RIM.
P ROC. art. 1.051(d)(3) (“An eligible indigent defendant is entitled to have the trial court
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appoint an attorney to represent him in . . . a habeas corpus proceeding if the court concludes
that the interests of justice require representation”)). Because the Court’s order omits any
reference to this statutory provision that entitles an indigent pro se habeas applicant to
appointed counsel under certain circumstances, I cannot join the Court’s order. Aside from
my disagreement with the language in this Court’s order, I otherwise respectfully concur.
Filed: September 14, 2016
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