what was the name of gideon’s lawyer at the second trial?

Did Gideon have an attorney at his first trial?

Fred Turner, Gideon’s lawyer at the second trial, later became a Circuit Judge in Bay County. He had access to court records and during the three-year period while the two of us often discussed the Gideon case, he sent me a copy of the “Pre-Sentence Investigation” report.

Who is the lawyer for Gideon in the Crucible?

Clarence Earl Gideon Trials:1961 & 1963. Defendant: Clarence Earl Gideon. Crime Charged: Breaking and entering. Chief Defense Lawyers: First trial: None; Second trial: W. Fred Turner. Chief Prosecutor: First trial: William E. Harris; Second trial: J. Frank Adams, J. Paul Griffith, and William E. Harris. Judge: Robert L. McCrary, Jr.

Who was Clarence Gideon’s lawyer?

lawyers — Abe Fortas, Abe Krash, and W. Fred Turner. There were others involved on his side, but these three were his primary advocates. Fortas and Krash represented him before the Supreme Court, and Turner was his lawyer when he was acquitted at the second trial. As we enter the 50th anniversary of Gideon, it is important to remem -

What defense would Gideon have used if he had been trained?

At Gideon’s second trial, he obtained the services of an appointed local defense attorney, W. Fred Turner. Turner’s help proved decisive. After investigating the crime scene, he discovered that the principal witness for the prosecution, Henry Cook, could not have seen what he alleged because advertising boards placed in the pool room’s windows would have obscured his line of vision.

Who was Gideon's lawyer in Gideon v Wainwright?

W. Fred TurnerThe decision did not directly result in Gideon being freed; instead, he received a new trial with the appointment of defense counsel at the government's expense. Gideon chose W. Fred Turner to be his lawyer in his second trial. The retrial took place on August 5, 1963, five months after the Supreme Court ruling.

Did Gideon have a lawyer in the Supreme Court?

Clarence Earl Gideon was a career criminal whose actions helped change the American legal system. Accused of committing a robbery, Gideon was too poor to hire a lawyer to represent him in court. After he was found guilty and sentenced to five years in prison, Gideon took his case to the U.S. Supreme Court.

Did Gideon win his second trial?

At his second trial, which took place in August 1963, with a court-appointed lawyer representing him and bringing out for the jury the weaknesses in the prosecution's case, Gideon was acquitted.

What was Gideon's sentence?

Despite his efforts, the jury found Gideon guilty and he was sentenced to five years imprisonment. Gideon sought relief from his conviction by filing a petition for writ of habeas corpus in the Florida Supreme Court.

When was Gideon's first trial?

Gideon’s first trial was scheduled for August 4, 1961. At the outset of that trial, the following colloquy took place: The Court: The next case on the Docket is the case of the State of Florida, Plaintiff vs. Clarence Earl Gideon, Defendant.

How old was Judge McCrary at the time of Gideon's trial?

At the time of Gideon’s first trial, Judge McCrary was 45 years old. 47 He was a heavyset man of average height. Those who knew him said that when McCrary was on the bench “he was all business.” 48 He “followed the law.” 49 He was a “very good judge, calm and thoughtful.” 50 He was slow to anger, but kept order and did not tolerate any disturbances in his courtroom. 51 McCrary never took it personally if a witness, lawyer, or spectator misbehaved. 52 Fred Turner was not as complimentary as others in describing McCrary. He told me that McCrary had been a Lieutenant Colonel in the Field Artillery who “looked straight ahead, with blinders.” 53

What was the case of Gideon v Wainwright?

1 Gideon was convicted of breaking and entering with intent to commit petit larceny in Bay County, Florida. He sought review and won before the United States Supreme Court. The Supreme Court returned his case to Florida where he was acquitted at a second trial. 2

What was the law of the land in Betts v. Brady?

Brady, which was the law of the land in 1961, was that the Constitution did not require the appointment of counsel in every state non-capital felony case involving an indigent defendant . 69 Betts did provide, however, that counsel should be appointed whenever one or more special circumstances were present which would make it difficult for a defendant to receive a fair trial without the assistance of counsel. 70 “Specialized circumstances” included such factors as the seriousness or complexity of the case, 71 extreme youth or lack of experience, 72 lack of education, 73 unfamiliarity with court procedure, 74 or inability to understand the English language. 75

How long was Gideon in prison?

40 By the summer of 1961, he had spent one year in a juvenile correctional institution and approximately eighteen years in adult prisons.

Who was William Harris?

William Harris was the Assistant State Attorney who prosecuted in both Gideon trials. Harris was a tall, large, muscular-looking man. 60 He was a very capable trial lawyer, 61 and had a “presence” in the courtroom. 62 Lawyers who worked with or otherwise knew Mr. Harris described him as “quick,” and said he could be “funny” in court. 63 Mr. Harris’s colleagues considered him “old school, rough, tough, a fine lawyer.” 64 He was extremely “plain spoken,” 65 and always spoke his mind. He has been described as “gruff on the outside,” but “with a heart of gold”and a “great sense of fairness.” 66 “Everyone liked him,” according to a fellow lawyer. 67

What did Judge McCrary say to the jurors after Harris had examined the prospective jurors?

Judge McCrary then said to the jurors, “Gentlemen, since this Defendant is not represented by Counsel, I want to ask you some questions on his behalf.” 91 McCrary asked the following:

Gideon Appeals

Gideon was outraged by the verdict, particularly the fact that he had been denied counsel. He applied to the Florida Supreme Court for a writ of habeas corpus, an order freeing him on the ground that he was illegally imprisoned.

Suggestions for Further Reading

The Guide To American Law. St. Paul, Minn.: West Publishing Co., 1984.

What happened to Gideon?

Gideon, after years of defiant behavior and chronic 'playing hooky', quit school after eighth grade, aged 14, and ran away from home , living as a homeless drifter. By the time he was sixteen, Gideon had begun compiling a petty crime profile. He was arrested in Missouri and charged with robbery, burglary, and larceny.

How long was Gideon in prison?

On August 4, 1961, Gideon was convicted of breaking and entering with intent to commit petty larceny, and on August 25, Judge McCrary gave Gideon the maximum sentence, five years in state prison. Gideon v. Wainwright.

Who was Clarence Gideon?

multiple sentences. Clarence Earl Gideon (August 30, 1910 – January 18, 1972) was a poor drifter accused in a Florida state court of felony theft. His case resulted in the landmark 1963 U.S. Supreme Court decision Gideon v. Wainwright, holding that a criminal defendant who cannot afford to hire a lawyer must be provided one at no cost.

How many people were freed in the Gideon case?

About 2,000 convicted people in Florida alone were freed as a result of the Gideon decision; Gideon himself was not freed, but instead received another trial. He chose W. Fred Turner to be his lawyer for his retrial, which occurred on August 5, 1963, five months after the Supreme Court ruling.

Who played Gideon in Gideon's Trumpet?

Gideon was portrayed by Henry Fonda in the 1980 made-for-television film Gideon's Trumpet, based on Anthony Lewis ' book of the same name. The film was first telecast as part of the Hallmark Hall of Fame anthology series, and co-starred Jose Ferrer as Abe Fortas, the attorney who pleaded Gideon's right to have a lawyer in the US Supreme Court. Fonda was nominated for an Emmy Award for his portrayal of Gideon.

What would happen if Clarence Gideon had not been in prison?

If an obscure Florida convict named Clarence Earl Gideon had not sat down in prison with a pencil and paper to write a letter to the Supreme Court; and if the Supreme Court had not taken the trouble to look at the merits in that one crude petition among all the bundles of mail it must receive every day, 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; he was re-tried with the help of competent defense counsel; found not guilty and released from prison after two years of punishment for a crime he did not commit. And the whole course of legal history has been changed.

How did Gideon die?

After his acquittal, Gideon resumed his previous way of life and married for a fifth time some time later. He died of cancer in Fort Lauderdale, Florida, on January 18, 1972, at age 61. Gideon's family had him buried in an unmarked grave in Hannibal.

Abe Fortas

• Abe Fortas was the editor in chief of the Yale Law Journal. After graduation he served as a faculty member at Yale. He then went to work for the government during the New Deal. In 1946 he was a founding partner of Arnold, Fortas & Porter. It became a very prominent Washington, D.C., law fir…

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Abe Krash

Conclusion

Notes

A Conversation with Bruce R. Jacob