case Gideon v Wainwright 1963 Year Right to

case Gideon v Wainwright. 1963 Year Right to Counsel, Due Process George Sanchez 2 nd period Issue under consideration, what the case was about

Background o o Facts of the case, how the case came to be in front of the Supreme Court 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 6 th amendment but the judge said he didn’t have to provide one unless there were “special circumstances

Background continued o o o 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 6 th 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 o o 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. 6 th amendment –right to counsel

Robert F. Kennedy quote If an obscure Florida convict named Clarence Earl Gideon had not sat down in his prison cell to 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. "