Eugene J. Winters, Relator v. the Presiding Judge of the Criminal District Court Number Three of Tarrant County…

Summary

The Court held that, under Texas Code of Criminal Procedure Article 64.01(c), a convicting court must appoint counsel for a post‑conviction DNA‑testing motion when the defendant proves indigence and requests counsel; the appointment is a ministerial act with no judicial discretion. Accordingly, the Court granted relator’s writ of mandamus, vacated the trial court’s denial, ordered appointment of counsel, and directed reconsideration of the DNA‑testing motion.