Gideon’s Trumpet
Landmark Supreme Court case:
Gideon V. Wainwright
Clarence E Gideon
• 51 year old white
male
• Four previous felony
convictions
• Proclaimed
gambler/thief
• Considered
harmless/likeable
Case
• Clarence Earl Gideon
was accused and found
guilty of breaking and
entering a poolroom and
stealing coins from the
vending machines, beer,
and wine from the bar.
• Sentenced to the
maximum sentence in a
Florida court-5 years.
Gideon V. Cochran
• Gideon writes an
appeal to the
supreme court
• He states that he
asked for and was
refused an attorney at
his trial
• He says the Bill of
Rights allows him an
attorney and his rights
were violated.
Gideon V. Cochran
• Gideon writes his appeal to the S.C. in
forma pauperis
• Rule 53:
– Only one copy of petition
– Can be handwritten
– Allowances for errors
Gideon V. Cochran
• The Supreme Court hears a majority of
cases on appeal- must have a federal
question involved.
• Granted the writ of certiorari in Gideon V,
Cochran.
• Cochran term ends- Wainwright takes over
Rules for hearing appeals
• Must have a federal question
• Must raise the claim at the earliest
possible moment in the trial
• Must follow the state appeals process
• Must meet all state and federal deadlines
• Gideon met all the requirements
Pertinent Cases
• Marbury v. Madison- set up the process
of judicial review- John Marshall chief
justice.
• McCulloch v. Maryland- can the U.S. gov.
set up a bank? Marshall opinion was yes
and enlarged the power of the federal gov.
Pertinent Cases
• Baaron v. Baltimore- Marshall opinion the
Bill of Rights only extended to federal
government- not the states. Practice of
judicial restraint
• Adamson v. Calif.- the 14th amendment
does not apply to the states and
incorporates the Bill of Rights.
Pertinent Cases
• Powell v. Alabama (1932) 7 Scottsboro
boys on trial for a fight on a train between
whites and blacks. Scottsboro boys
arrested, tried, and convicted of rape.
Sentenced to death.
1st time Supreme Court overturned State
conviction for unfair trial procedures,
capital crime, agitated community,
helpless defendants, all components.
Pertinent Cases
• Hudson v. California (1960) Hudson
needed counsel when co defendant
changed plea to guilty- jury prejudiced.
• Mapp v. Ohio (1961) No illegally obtained
evidence can be used at trial- including
confessions. The 14th amendment applies
to all states
Pertinent Cases
• Griffin v. Illinois (1956) courts must send
trial transcripts to appeals courts when
requested. Equal justice by 14th
amendment requires that poor not have to
pay for the transcripts even in state cases.
Pertinent Cases
• Betts V Brady- court said that
counsel would be provided in all
federal felony cases.
– State felony cases by special
circumstances
–
–
–
–
Illiteracy
-Ignorance
Youth or mental instability
Inappropriate court behavior- prosecutor or judge
Complex charges
-Prejudice
The Supreme Court
• Nine justices:
– One Chief Justice
– 8 regular judges
The Supreme Court Procedures
• Friday Conference– deals with 100 issues and many are decided
before the meeting
– Chief Justice presides- states opinion on
issue
– Each justice by ranking order gives opinion
The Supreme Court Procedures
• Vote in inverse order- rule of four
• Grants hearing
– Assigns justice if necessary
– Solicitor general for United States
– Amicus curiae- briefs allow Supreme Court to
determine public opinion.
– 15 minutes to 1 hour to present case to court.
Opinion
• Majority opinion: The agreement of the
court
• Concurring: Agree with the majority
opinion but for a different reason
• Dissenting: Disagree with the majority
opinion.
Gideon v. Wainwright
• Abe Fortas appointed for Gideon
• Uses the 14th amendment to incorporation
of 6th into states.
• Bruce Jacob- Florida Attorney general tries
to use 10th amendment to show 6th and
14th cannot be used on states.
The Supreme Court Procedures
• Sit in conference on Fridays• Discuss all appeals up for review- writs and regular
paid cases
• Paupers applications-if place on appellate docket
• Consider and vote on all cases heard the
proceeding Monday thru Thursday.
Gideon v. Wainwright
• Problems with case for Fortas:
– Betts laid precedent for special circumstances
– Justices practice judicial restraint
– Stare decisis is always best to judges
Gideon v. Wainwright
• Problems for Jacob
– Court reversing all state decisions using Betts
– Betts not clear
– States rights not clear
Gideon v. Wainwright
• Fortas- bottom line
• Did Betts give the Supreme Court more
power over the states through case by
case review?
• Does the case by case review violate the
separate levels of government provided
through Federalism?
Gideon v. Wainwright
• Court agreed that Gideon and everyone
has the right to an attorney.
• Gideon case sent back to Florida for retrial
• Double jeopardy does not exist for cases
on appeal.
• Gideon found not guilty at retrial