Monday, April 15, 2013

Background

Clarence Earl Gideon was charged with breaking and entering the Bay Harbor Pool Room in Panama City, Florida at about 8:00 am on June 3, 1961.  Gideon was very poor and was unable to pay for a lawyer to defend him.  Gideon requested the court give him a lawyer since the Sixth Amendment says that everyone has the right to a lawyer.  However, the court would not give him a lawyer, leaving Gideon to represent himself.  Gideon did an awful job, and was of course found guilty of breaking and entering and petty larceny (a felony). He was sentenced to 5 years in a Florida state prison.

While in prison, Gideon began studying law and reading many law books in the prison library.  He believed his Sixth Amendment rights had been infringed upon and he wanted to prove it to the state.  He started off by filing a petition for habeas corpus with the Supreme Court of Florida which they revoked.  He then sent a handwritten petition for a writ of certiorari to the Supreme Court of the United States. The Supreme Court agreed to hear the Gideon's case.
writ of certiorari written by Gideon

Louie L. Wainwright

The Supreme Court ruled that all people have the right to a lawyer,overturning the decision in Powell v. Alabama and Betts v. Brady.  They allowed Gideon to be retried, this time with a lawyer.  Fred Turner represented Gideon in his new trial.  Turner was able to prove that the key witness in the previous trial was lying, and may even be part of the burglary himself.  He also showed that evidence that was used against Gideon could be used in favor of Gideon, and with Turner's expertise, Gideon won his trial.

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