When: June 1961
Where: Panama City, Florida
What: A burglary, and vandalism occurred
at the Bay Harbor Pool Room, and police
arrested a man (based on this accusation
alone) found nearby with a pint of wine
and some change in his pockets.
Who: Clarence Earl Gideon
~Gideon appeared in court and was
too poor to afford counsel
~He argued that the Sixth
Amendment entitles everyone to a
lawyer.
~He was forced to act as his own
counsel and defend himself in court.
He wanted to prove his innocence.
In a unanimous opinion, the Court held
that Gideon had a right to be
represented by a court-appointed
attorney and, in doing so, overruled its
1942 decision of Betts v. Brady.
Gideon, who could not afford a lawyer, asked a Florida Circuit Court
judge to appoint one for him arguing that the Sixth Amendment entitles
everyone to a lawyer. The judge denied his request and Gideon was left
to represent himself. He did a poor job of defending himself and was
found guilty of breaking and entering and petty larceny. While serving
his sentence in a Florida state prison, Gideon began studying law, which
reaffirmed his belief his rights were violated when the Florida Circuit
Court refused his request for counsel. From his prison cell, he handwrote
a petition asking the U.S. Supreme Court to hear his case and it agreed.
The Court unanimously ruled in Gideon’s favor, stating that the Six
Amendment requires state courts to provide attorneys for criminal
defendants who cannot otherwise afford counsel.
Facts of the Case: Gideon was charged in a Florida state court with
a felony for breaking and entering. He lacked funds and was unable
to hire a lawyer to prepare his defense. When he requested the
court to appoint an attorney for him, the court refused, stating that it
was only obligated to appoint counsel to impoverished defendants
in capital cases. Gideon defended himself in the trial, and was
convicted by a jury and the court sentenced him to five years in a
state prison.
Conclusion: In a unanimous opinion, the Court held that Gideon had
a right to be represented by a court-appointed attorney and, in
doing so, overruled its 1942 decision of Betts v. Brady. In this case
the Court found that the Sixth Amendment's guarantee of counsel
was a fundamental right, essential to a fair trial, which should be
made applicable to the states through the Due Process Clause of
the Fourteenth Amendment. Justice Black called it an "obvious truth"
that a fair trial for a poor defendant could not be guaranteed
without the assistance of counsel. Those familiar with the American
system of justice, commented Black, recognized that "lawyers in
criminal courts are necessities, not luxuries."
The Court unanimously ruled in Gideon’s favor, stating that the Six
Amendment requires state courts to provide attorneys for criminal
defendants who cannot otherwise afford counsel.
Gideon chose W. Fred Turner to be his lawyer for his second
trial. The retrial took place on August 5, 1963, five months
after the Supreme Court ruling. Turner, during the trial,
picked apart the testimony of eyewitness Henry Cook, and
in his opening and closing statements suggested the idea
that Cook likely had been a lookout for a group of young
men who broke in to steal beer, then grabbed the coins
while they were at it. Turner also got a statement from the
cab driver who took Gideon from Bay Harbor, Florida to a
bar in Panama City, Florida, stating that Gideon was
carrying neither wine, beer nor Coke when he picked him
up, even though Cook testified that he watched Gideon
walk from the pool hall to the phone, then wait for a cab.
~http://www.oyez.org/cases/1960-1969/1962/1962_155
~constitutioncenter.org/constitution