William O. Gairson v. Hoyt C. Cupp, Warden, Oregon State Penitentiary

Appellant is now serving a life sentence in the Oregon State Penitentiary. He was convicted for second degree murder on July 18, 1960, following a jury trial in a state court in Oregon. Appellant did not appeal his conviction, but he did seek postconviction relief which he pursued to an unsuccessful conclusion in the Oregon courts. (Gairson v. Gladden (1967) 247 Or. 88 , 425 P.2d 761 .) He thereafter filed a petition for habeas corpus in the United States District Court, under the provisions of 28 U.S.C. §§ 2241-54 . The District Court issued an order denying his habeas petition, and he appeals from that order.

The central issue on appeal is this: Was the failure of the state court and of appellant’s trial counsel to advise appellant of his right to appeal in forma pauperis a deprivation of his rights secured by the Federal Constitution?

Appellant was indigent at the time he was charged with murder, and his finances have not since improved. Appellant’s brothers retained private counsel to defend him on the murder charge. Appellant wanted to appeal from his conviction, and he made that wish known to his brothers and to his trial counsel. His brothers discussed the prospects of an…