Gideon v Wainwright. 1963

Right to Counsel, Due Process

case

Year

George Sanchez 2nd period

Issue under consideration, what the case was about

Background 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

Facts of the case, how the case came to be in front of the Supreme Court

Background continued 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 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

If an obscure Florida convict named Clarence Earl Gideon had not sat down in his prison cellto 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."

Robert F. Kennedy quote