Dearing v. State

I respectfully dissent because I believe that appellant was denied the fundamental right secured by Mo.Const. art. I, § 18(a), to be represented at trial by counsel and, to that end, should have been afforded a short continuance on the first setting to try to obtain an attorney.

At the risk of appearing presumptuous, it seems that the reasoning of the principal opinion goes something like this:

1) appellant had no constitutional right to appointed counsel, even if indigent in this case;

2) appellant had no excuse for not getting an attorney before trial, even though indigent;

3) appellant had no…