Download - Between midnight and 8 a.m. June 30, 1961 Robbery at Bay Harbor Pool Room Panama city, Florida
Gideon V. WainwrightKayla Kozminski
Between midnight and 8 a.m.
June 30, 1961 Robbery at Bay
Harbor Pool Room Panama city, Florida
Broken window Smashed cigarette
machine Smashed jukebox Stolen money from both
machines
Witness saw a man there at 5:30 a.m.
Clarence Earl Gideon
Arrested- pint of wine and loose change.
Charged with breaking and entering
Semi-literate Asked the judge to
appoint him a lawyer
Argued the 6th amendment
Judge denied Gideon from a lawyer
Sixth amendment
Right to a speedy and public trial
Supposed to not be delayed for more then 1 year
Court never officially made that a rule.
Time and manner is the defendants right
Court has to give defendant a counsel if they cannot afford their own.
If this amendment is broken, then the indictment must be dismissed and/or the conviction overturned
Gideon had to defend himself
Judge would not pay for a poor person
capital crime or “special circumstance”
Gideon did not defend himself well
Did no preparation work
Used the police officers that arrested him as witnesses
Trial started January 15th, 1963 Gideon had no experience in a court
room Questioning was not as strong as a
lawyers would of been
Found guilty on March 18th, 1963 Five years in a Florida prison Studied law Filed petition- Habeas corpus Asks to be free due to illegally putting
him in jail
Florida supreme court rejects it
Wrote writ of certiorari
Asked supreme court to hear his case
The one Gideon wrote
Court allowed forma pauperis
Court would waive any fees with the petition
The court accepted it
Betts v. Brady
Betts got arrested for robbery in 1942
Court denied the right to a lawyer
Courts final decision
The court must give the defendant a lawyer
Only special circumstances
Gideon did not claim special circumstances
Gideon’s court case overruled Betts v. Brady
Anyone who could not afford a lawyer, had the right to one