Swenson v. Bosler, 386 U.S. 258 (1967)

Swenson v. Bosler

No. 759

Decided March 13, 1967
386 U.S. 258

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Syllabus

The Court of Appeals’ holding that the former Missouri practice of deciding direct criminal appeals by convicted indigents without the appointment of appellate counsel is invalid under Douglas v. California, 372 U.S. 353, is affirmed. The assistance of appellate counsel is an advantage which may not be denied to a criminal defendant, solely because of indigence, on the only appeal which the State affords him as a matter of right, and when a defendant whose indigency and desire to appeal are manifest does not have the services of his trial counsel on appeal, knowing waiver cannot be inferred from his failure specifically to request appointment of appellate counsel.

Certiorari granted; 363 F.2d 154, affirmed.