Gideon v Wainwright. 1963

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case
Gideon v Wainwright.
1963 Year
Right to Counsel, Due Process
George Sanchez 2nd period
Issue under
consideration, what
the case was about
Background
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Facts of the case, how the case came to be in
front of the Supreme Court
Burglary occurred at a pool room in Florida
Witnesses claimed to see Clarence Earl Gideon in
poolroom that morning
Gideon found nearby with a pint of wine and some
change- he was arrested
Gideon requested a lawyer under the 6th amendment
but the judge said he didn’t have to provide one
unless there were “special circumstances
Background continued
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Gideon forced to defend himself- found guilty
Filed a writ of habeus corpus with Florida
Supreme Court- rejected
Handwrites a petition to the US Supreme
Court arguing that the 6th amendment
requires states to provide lawyers for the
indigent (those who cannot afford to pay)
Plaintiff’s argument
Supreme Court decision 9-0 in favor of
plaintiff Gideon
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Ruled that lawyers
must be provided in
felony criminal cases
in state courts as well
as federal courts
because the right to an
attorney is a
fundamental right.
6th amendment –right
to counsel
Robert F. Kennedy quote
If an obscure Florida convict named Clarence
Earl Gideon had not sat down in his prison cell
to write a letter to the Supreme Court . . . the
vast machinery of American law would have
gone on functioning undisturbed. But Gideon did
write that letter, the Court did look into his case .
. . and the whole course of American legal
history has been changed."
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