Whether a state appellate court must appoint counsel sua sponte for an indigent criminal defendant who represents himself at trial, files a notice of appeal pro se, and does not expressly assert or waive the right to counsel on appeal

QUESTION PRESENTED Whether a state appellate court must appoint counsel sua sponte for an indigent criminal defendant who represents himself at trial, files a notice of appeal pro se, and does not expressly assert or waive the right to counsel on appeal. RELATED CASES Oregon Supreme Court, S067889, State of Oregon v. Cam, October 1, 2020; Oregon Court of Appeals, A173276, State of Oregon v. Cam, April 6, 2020, recons den, July 7, 2020; Yamhill County Circuit Court, 18CR42157, State of Oregon v. Cam, December 19, 2019. OPINIONS BELOW The Oregon Supreme Court’s order denying review is unpublished but reprinted at App. 3. The Oregon Court of Appeals’ orders dismissing the appeal and denying reconsideration are unpublished but reprinted at App. 1 and 2. The trial court’s judgment is unpublished but reprinted at App. 24-32. JURISDICTIONAL STATEMENT The Oregon Supreme Court denied discretionary review on October 1, 2020. Under this Court’s March 19, 2020, order extending the time to file a petition for a writ of certiorari to 150 days from the date of an order denying review, the petition is due March 1, 2021. This Court has jurisdiction under 28 U.S.C. § 1257. CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED The Fourteenth Amendment to the United States Constitution provides, in pertinent part, “[NJor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” 1