case

Gideon v Wainwright.
1963 Year
Right to Counsel, Due Process

George Sanchez 2nd period

Issue under
consideration, what
the case was about

Background

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 6th amendment
but the judge said he didnt have to provide one
unless there were special circumstances

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)

Plaintiffs 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

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."