In re State of Texas (Opinion)Annotate this Case
Relator, who was designated a sexually violent predator and civilly committed pursuant to the Civil Commitment of Sexually Violent Predators Act, was not entitled to appointed counsel in proceedings on the State’s motion to amend his civil commitment order to conform to the Act’s 2015 amendments.
The trial court denied Relator’s request for appointed counsel on the State’s motion to modify Relator’s civil commitment order. The court of appeals granted mandamus relief to Relator, ordering the trial court to vacate its orders and appoint counsel to represent Relator in further proceedings on the State’s motion to modify. The Supreme Court conditionally granted the State’s petition for writ of mandamus, holding that Relator was not entitled to appointed counsel on the State’s motion to amend his civil commitment order to conform to the amended Act, and therefore, the court of appeals abused its discretion in granting Relator mandamus relief.