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Gideon Vs. Wainwright

Zak Hendershot Period 9 Honors American History II. Gideon Vs. Wainwright . Clarence Earl Gideon . Born August 30, 1910 Hannibal Missouri Father Charles Died when Gideon was three Mother Virginia . Criminal Profile. 16 spent year in reformatory for burglary

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Gideon Vs. Wainwright

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  1. Zak Hendershot Period 9 Honors American History II Gideon Vs. Wainwright

  2. Clarence Earl Gideon • Born August 30, 1910 • Hannibal Missouri • Father Charles • Died when Gideon was three • Mother Virginia

  3. Criminal Profile • 16 spent year in reformatory for burglary • 18 arrested for burglary, robbery, larceny Sentenced to 10 years spent three • Jail total: 3 states • Kansas • Texas • Missouri

  4. The Crime • June 3, 1961 Between 12.00 am and 8:00 am • Burglary at the Bay Harbor Pool Room in Panama City, Florida • Damages Included: • Broken window • Smashed cigarette machine and jukebox • Stolen money

  5. Gideon Arrested • Clarence Earl Gideon • Reported In the pool room at 5:30 am • Found Nearby • Pint of wine in his hand • Arrested and charged with breaking and entering.

  6. Lawyer Battle • Gideon • Couldn't afford a lawyer • Asked judge to appoint one to him • Judge: Denied him • State cant give him a lawyer • Unless charged with capital crime

  7. The Trail • Clarence defended himself • Ill prepared he lost the trail • No experience in cross-examining a witness • Line of questioning not as productive as a lawyers.

  8. Gideon Convicted • Gideon was found guilty on: • Breaking and entering • And petty larceny which was a felony • He was sentenced to five years • In a Florida state prison • Partly because prior criminal record.

  9. Prison • In prison began studying law in the prison library • believed his Sixth Amendment rights had been violated • By being denied a defense lawyer

  10. Habeas Corpus • Gideon filed a petition for habeas corpus • To The Supreme Court Of Florida • Which asked that he be freed • Because he had been imprisoned illegally.

  11. Writ Of Certiorari • Supreme Court of Florida rejected his petition • Handwrote a petition for a writ of certiorari • Supreme Court of the United States • Asking that it hear his case.

  12. Writ Of Certiorari Cont. • The Court allowed him to file it in forma pauperis • meant court would waive the fees • Generally Court dismisses most of these petitions • Gideon's was among those that was not dismiss.

  13. The Question • In state criminal trials • Person cant afford a lawyer • Should they be provided one? • That was the question • And the Court agreed to decide this • when they accepted Gideon's petition

  14. Special Circumstances • Betts v. Brady • A Court case in 1942 it says: • In state criminal trials • A person must be supplied an attorney • Special circumstances • Complex charges • Incompetence or illiteracy

  15. Unfair • Gideon had not claimed special circumstances • So no lawyer was given to him • Was unfair to him

  16. The Result • Betts v. Brady was overturned • Sixth Amendment: • No one regardless of wealth • education or class • should be charged with a crime • Then fight without a layer

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