April, 2006
Gideon v. Wainwright 1963
C A T T
6 T H A M EN D -
M E NT
In all criminal prosecu-
tions, the accused
shall enjoy the right to
a speedy and public
trial, by an impartial
jury of the State and
district wherein the
crime shall have been
committed, which dis-
trict shall have been
previously ascertained
by law, and to be in-
formed of the nature
and cause of the accu-
sation; to be con-
fronted with the wit-
nesses against him; to
have compulsory proc-
ess for obtaining wit-
nesses in his favor,
and to have the Assis-
tance of Counsel for
his defense
1 4 TH
A M EN D M EN T
1. All persons born or natural-
ized in the United States, and
subject to the jurisdiction
thereof, are citizens of the
United States and of the State
wherein they reside. No State
shall make or enforce any law
which shall abridge the privi-
leges or immunities of citizens
of the United States; nor shall
any State deprive any person
of life, liberty, or property,
without due process of law; nor
deny to any person within its
jurisdiction the equal protec-
tion of the laws.
’ S C O U R T C
G i d e o n C h a r g e d f o r
b r e a k i n g a n d E n t e r i n g
On June 3,
1961 a burglary oc-
curred at the Bay Har-
bor Pool Room in Pa-
nama City, Florida.
The burglar broke into
the building by smash-
ing a window and then
proceeded to smash a
cigarette machine and a
jukebox and took
money from both. Wit-
nesses reported seeing
a man by the name of
Clarence Earl Gideon
in the poolroom earlier
that morning and po-
lice followed up on the
lead. Soon after, Mr.
Gideon was found
nearby with alcohol
and money in his pock-
G i d e o n ’ s
Due to the fact
that Mr. Gideon was a
vagrant he did not have
the funds to hire a lawyer
and therefore asked the
court to appoint him with
one. Gideon reasoned
that he should be ap-
pointed a lawyer because
A S E P E R
ets and the police ar-
rested him for breaking
and entering.
While in jail
Gideon studied law and
Caption describing picture or
graphic.
Clarence Earl Gideon
http://en.wikipedia.org/wiki/
Clarence_Earl_Gideon
discovered that his
right to due process of
R e q u e s t
the sixth amendment
states that everyone is
entitled to a lawyer. The
judge, Robert McCrary Jr.,
denied Gideon’s request
and said that a lawyer
would only be appointed
to a defendant who was
charged with a capital
I O D 1
law had been violated.
The dispute of this case
was whether the state
of Florida violated
Gideon’s’ sixth amend-
ment right to counsel.
In Gideon’s case this
clause was reinforced
by the fourteenth
amendment.
Gideon was not
provided with assis-
tance of counsel for his
criminal defense. The
case took place on
January 15, 1963.
-Molly Gonzales &
Nick Abraham
R e j e c t e d
crime. With his request
denied, Gideon was
forced to defend himself
in court without a lawyer
and due to lack of knowl-
edge and experience was
not able to adequately
defend himself. Due to
his poor defense, Gideon
(Cont. on page 2)
 P a g e 2 G i d eo n
G i d e o n ’ s r e q u e s t
was found guilty of
breaking and entering
and petty larceny.
Accused of stealing Gideon was then sen-
by Cook
• $65
tenced to five years in a
Florida prison. Once in
• 12 beers jail, he wrote to an FBI
office in Florida, but
• 12 cokes
• Some wine
was denied help.
January 1962 he
mailed a petition to the
But was later Supreme Court asking
the nine justices to con-
discredited by Turner sider his complaint
against . The Supreme
Justice
Hugo G i d e o n v .
Black
On January
required 15th, 1963, Gideon v.
all American Wainwright began.
courts to make Gideon’s assigned rep-
a lawyer avail- resentative was Abe
able to any per- Fortas. Arguing
against Gideon was
son charged Bruce Jacob, an assis-
with a felony if tant Flordian attorney
they could not general. Fortas’s argu-
pay for a law- ment was clear and
yer. simple, “a common
G i d e o n ’ s
As a result of second trial. On August 5,
Gideon’s original trial, 1963 the retrial occurred,
2,000 convicts were re- Where Turner discredited
leased in Florida because eyewitnesses and exposed
the state government did Gideon’s innocence.
not have the time or the Henry Cook’s original ac-
money for retrials of these cusation towards Gideon
convicts. Although they was disproved by Turner’s
were free, Gideon was still statement from the cab
trapped within the law. driver who drove Gideon
W. Fred Turner to the bar where he was
was the new lawyer for his arrested. The cab driver
S t u d e n t s ’
As a group we felt the Supreme Court came to the proper decision. Their decision clarifies and enforces the con-
stitution, and defines a fair trial. It is only fair to have a retrial after the courts came to the initial conclusion.
Gideon did not deserve to be in jail serving his time, and rightfully was acquitted.
v . W a i n wr i g ht
r e j e c t e d ( c o n t . )
Court, in reply, agreed to
hear his appeal. The case "you can-
was called Gideon v.
Cochran. The case's not have a
original name, Gideon v.
Cochran, was changed to fair trial
Gideon v. Wainwright,
after Louie L. Wainwright
without
replaced H.G. Cochran as
the director of the Florida
counsel."
Division of Corrections,
thus changing the trial’s
name to the more com-
monly known
Gideon v. -Matt Marshall &
Daniel Sanchez
W a i n w r i g h t T r i a l
man with no training During the
in law cannot go up next two months
against a trained law- Gideon’s trial was
yer and win”. Jacob’s played out. It was
retort was that the is- concluded in March
sue was a state issue 18th, 1973. Unani-
and not a federal issue. mously the jury agreed
Jacob said thousands that Gideon’s convic-
of convictions would tion should be set
have to be reconsid- aside.
ered if the law -Mike Mcmahon &
changed. Breanna Van Otterloo
R e t r i a l
said that Gideon was not
carrying alcohol, disprov-
ing Cook’s accusation.
After one hour
from the beginning of the
session, Gideon’s trial was
acquitted. He resumed life
and got married. January A unanimous Supreme Court
18th, 1972 he died in Fort ruled in Gideon's favor & rec-
ognized a constitutional guar-
Lauderdale at the age of antee that all accused persons
61. have a right to be represented
-Brian Adsit & by a lawyer.
Kristen Graham
r e c a p