Gideon v. Wainwright
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Crasson Lesson 2 Gideon v. Wainwright Clarence Gideon was accused of breaking into a poolroom in Florida. Police said he had stolen a pint of wine and some coins from a cigarette machine. Gideon was a poor, uneducated man who was 50 years old. He did not know much about the law. However, he believed he could not get a fair trial without a lawyer to help him. When Gideon appeared in court, he asked the judge to appoint a lawyer for him. He was too poor to hire one himself. The judge told him that he did not have the right to have a lawyer appointed for him unless he was charged with murder. Gideon was tried before a jury, and he tried to defend himself. He made an opening speech to the jury and cross-examined the witnesses against him. He then called witnesses to testify for him and made a final speech to the jury. The jury decided he was guilty. Gideon was sent to the state prison to serve for five years. From prison he wrote a petition to the Supreme Court. It was handwritten in pencil. He argued that all citizens have a right to a lawyer in cases where they might be sent to prison… Distinguished Members of the United States Supreme Court: I have been convicted of breaking and entering a poolroom and taking $65.00 from the vending machines. According to Florida law, this is considered a felony. Prior to the trial, I requested that an attorney be appointed to handle my case, as I am too poor to afford one. The judge refused my request, saying that the Betts vs. Brady case determined that in state courts (such as Florida’s) defendants without funds are entitled to an attorney only in cases involving a capital offense (when the punishment is death). During the trial, I did about as well as could be expected from a layman. Unfortunately, the jury returned a guilty verdict. I appealed my case to the Florida Supreme Court, explaining that my Sixth Amendment right to an attorney had been violated. My appeal was denied. Now, I am writing to you, the highest court in the land, hoping that you will agree with me that the Sixth Amendment, as applied to the states by the Fourteenth Amendment guarantees that a lawyer be appointed for all defendants who are too poor to afford one. Sincerely, Clarence Earl Gideon Name:
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