who was clarence earl gideon lawyer

Who is Clarence Earl Gideon?

Clarence Earl Gideon Clarence Earl Gideon (August 30, 1910 – January 18, 1972) was a poor drifter and amateur attorney accused in a Florida state court of felony theft. His case resulted in the landmark 1963 U.S. Supreme Court decision Gideon v.

What happened to Clarence Gideon at his first trial?

Convicted of breaking and entering in Florida, Clarence Earl Gideon set a major legal precedent when he challenged his conviction, claiming that he could not afford an attorney and should have been appointed one by the court. Gideon, a 50-year-old unemployed Caucasian with a long history of juvenile and adult felonies, was convicted of breaking and entering into the Bay Harbor Pool …

How did Gideon change the American legal system?

Clarence Earl Gideon Born: August 30, 1910 Died: January 18, 1972 (age 61) Missouri Hometown: Hannibal Region of Missouri: Northeast Category: Leaders and Activists Clarence Earl Gideon was a career criminal whose actions helped change the American legal system.

Who was Gideon Gideon's lawyer?

Wainwright 372 U.S. 335 (1963) Facts: Clarence Earl Gideon was an unlikely hero. He was a man with an eighth-grade education who ran away from home when he was in middle school. He spent much of his early adult life as a drifter, spending time in and out of prisons for nonviolent crimes.

Did Clarence Gideon have a lawyer?

The U.S. Supreme Court agreed to hear his case and assigned a lawyer named Abe Fortas to represent him. Fortas would go on to become a member of the U.S. Supreme Court. He argued on Gideon's behalf that all individuals accused of committing a felony should receive legal representation.

Who became the lawyer for Clarence Gideon?

Johnson appointed him to the Supreme Court in 1965, two years after the Gideon decision. On June 25, 1962, the Supreme Court appointed Abe Fortas to represent Clarence Gideon in the case then known as Gideon v Cochran. I was the attorney for the state of Florida in the case.

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.

Why was Clarence Gideon not given a lawyer?

Lower Court Ruling: The trial judge denied Gideon's request for a court-appointed attorney because, under Florida law, counsel could only be appointed for a poor defendant charged with a capital offense. The Florida Supreme Court agreed with the trial court and denied all relief.

Was Gideon's trial unfair?

Several months later, on March 18, 1963, the US Supreme Court gave its final decision. They agreed with Mr. Gideon. His trial had been unfair because he had been denied the right to a lawyer.

Did Gideon commit the crime?

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.

Who won the case of Gideon v. Wainwright?

Wainwright, case in which the U.S. Supreme Court on March 18, 1963, ruled (9–0) that states are required to provide legal counsel to indigent defendants charged with a felony.Mar 11, 2022

What was Wainwright argument in Gideon v. Wainwright?

Gideon's argument was relatively straightforward: The right to an attorney is a fundamental right under the Sixth Amendment that also applies to the states through the Fourteenth Amendment. By refusing to appoint him a lawyer Florida was violating the due process clause of the Fourteenth Amendment.Sep 21, 2021

What was Gideon's argument?

Gideon filed a habeas corpus petition in the Florida Supreme Court, arguing that the trial court's decision violated his constitutional right to be represented by counsel. The Florida Supreme Court denied habeas corpus relief.

Why did the court believe that Gideon could not defend himself?

Why did the Court believe that Gideon could not defend himself? The court felt that Gideon, as well as most other people, did not have the legal expertise to defend himself adequately in a criminal proceeding, and that legal counsel for a defendant is necessary to insure a fair trial.

Why did Gideon hand write his writ of habeas corpus?

Not surprisingly, Gideon was found guilty and sentenced to five years in prison. While in jail, he filed a writ of habeas corpus (petition for release from unjust imprisonment) with the Florida Supreme Court. He claimed his conviction was unconstitutional because he had lacked a defense attorney at the trial.Dec 23, 2016

Why did Mr Gideon feel he should be given an attorney by the state?

5. Why did Mr. Gideon feel he should be given an attorney by the state? He claimed that the Sixth Amendment of the U.S. Constitution provided that a person accused of a crime is to have the assistance of counsel for his defense.

What was Clarence Gideon's case?

Convicted of breaking and entering in Florida, Clarence Earl Gideon set a major legal precedent when he challenged his conviction, claiming that he could not afford an attorney and should have been appointed one by the court.

What did Gideon petition for?

Claiming he had the right to an attorney, but could not afford one, Gideon petitioned the Florida Supreme Court for a writ of habeas corpus. After the Court denied Gideon’s petition, as a last resort, he submitted a handwritten petition to the Supreme Court of the United States for a writ of certiorari.

What did Gideon steal from the pool?

on the morning of the crime, Gideon allegedly smashed a window leading into the pool room and stole approximately a dozen bottles of beer, a dozen bottles of Coca-Cola, several bottles of wine, about $5.00 from the cigarette machine, and $60.00 from the jukebox. Police arrested Gideon on a tip given to them by Henry Cook, ...

Who was the guy who broke into the pool?

Gideon, a 50-year-old unemployed Caucasian with a long history of juvenile and adult felonies, was convicted of breaking and entering into the Bay Harbor Pool Room on June 3, 1961, in Panama City, Florida. At around 5:30 a.m. on the morning of the crime, Gideon allegedly smashed a window leading into the pool room and stole approximately ...

Does Florida require attorneys to be provided in a non capital case?

Contrary to what Judge McCrary told Gideon at his trial, Betts held that while states are not required to furnish attorneys to indigent defendants in non-capital cases, in Florida, the judge has final discretion as to whether or not legal counsel should be provided.

Who is Clarence Gideon's father?

Clarence Earl Gideon was born in Hannibal, Missouri. His father, Charles Roscoe Gideon , died when he was three. His mother, Virginia Gregory Gideon, married Marrion Anderson shortly after. 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.

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 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.

Why did Gideon defend himself at his first trial?

First trial. Being too poor to pay for counsel, Gideon was forced to defend himself at his trial after being denied a lawyer by the trial judge, Robert McCrary Jr. At that time, Florida law only gave indigent defendants no-cost legal counsel in death penalty cases.

What amendment did Judge McCrary violate?

He concluded that Judge McCrary had violated his constitutional right to counsel under the Sixth Amendment to the United States Constitution, applicable to Florida through the due process clause of the Fourteenth Amendment to the United States Constitution.

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.

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.

What was Clarence Gideon's role in the American legal system?

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. In a landmark legal decision, Gideon v.

Who was the lawyer for Gideon?

The U.S. Supreme Court agreed to hear his case and assigned a lawyer named Abe Fortas to represent him. Fortas would go on to become a member of the U.S. Supreme Court. He argued on Gideon’s behalf that all individuals accused of committing a felony should receive legal representation.

What happened to Gideon in 1928?

After starting out at two dollars a day, he was assigned a job at the factory that paid twenty-five dollars a day. When he lost his job in 1928, Gideon began committing crimes.

What is the Supreme Court ruling in Gideon v. Wainwright?

Wainwright, the Supreme Court ruled that under the U.S. Constitution, state courts are required to appoint lawyers for those individuals accused of committing a crime who cannot pay for legal representation. Gideon was born on August 30, 1910, to Charles R. and Virginia Gregory Gideon in Hannibal, Missouri.

How long was Gideon in prison?

A lawyer—not a great lawyer, just an ordinary, competent lawyer—could have made ashes of the case.”. Gideon was found guilty and sentenced to five years in prison. Gideon refused to give up, however, and began to research the law.

How old was Clarence when his mother remarried?

When Clarence was five years old, his mother remarried. He later remembered, “My stepfather never could accept me or I could not accept him. My mother was very strict and my life as a child was of the strict discipline.”. He described himself as someone who could not conform and “was miserable.

What did the Supreme Court say about Gideon?

On March 18, 1963, all nine members of the U.S. Supreme Court ruled in favor of Gideon, stating in part, “Lawyers in criminal courts are necessities, not luxuries.”. As a result, Gideon did not go free, but he did receive a new trial with legal representation and was acquitted of robbing the pool hall.

How did Gideon get relief from his conviction?

Gideon sought relief from his conviction by filing a petition for writ of habeas corpus in the Florida Supreme Court. In his petition, Gideon challenged his conviction and sentence on the ground that the trial judge’s refusal to appoint counsel violated Gideon’s constitutional rights. The Florida Supreme Court denied Gideon’s petition.

Why did the Florida Supreme Court deny Gideon's request for a court appointed attorney?

Lower Court Ruling: The trial judge denied Gideon’s request for a court-appointed attorney because, under Florida law, counsel could only be appointed for a poor defendant charged with a capital offense. The Florida Supreme Court agreed with the trial court and denied all relief.

What court did Gideon file a petition in?

The Florida Supreme Court denied Gideon’s petition. Gideon next filed a handwritten petition in the Supreme Court of the United States. The Court agreed to hear the case to resolve the question of whether the right to counsel guaranteed under the Sixth Amendment of the Constitution applies to defendants in state court.

What was Gideon's charge?

Gideon was charged with breaking and entering with the intent to commit a misdemeanor, which is a felony under Florida law.

Which amendment guarantees a fair trial?

The Court held that the Sixth Amendment’s guarantee of counsel is a fundamental right essential to a fair trial and, as such, applies the states through the Due Process Clause of the Fourteenth Amendment. In overturning Betts, Justice Black stated that “reason and reflection require us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.” He further wrote that the “noble ideal” of “fair trials before impartial tribunals in which ever defendant stands equal before the law . . . cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.”

Which amendment did Brady v. Brady violate?

455 (1942), held that the refusal to appoint counsel for an indigent defendant charged with a felony in state court did not necessarily violate the Due Process Clause of the Fourteenth Amendment.

Why was Gideon denied a lawyer?

In open court, he asked the judge to appoint counsel for him because he could not afford an attorney. The trial judge denied Gideon's request because Florida law only permitted appointment of counsel for poor defendants charged with capital offenses. The Florida Supreme Court denied Gideon's petition.

How well did Gideon defend himself?

Gideon was convicted of breaking and entering the pool room, and stealing lots of drinks and money. How well did Gideon defend himself in his first trial in Panama City? Not well because he had no lawyer, no evidence, he didn't know what to ask the witnesses, and he didn't know what to tell the jury.

Why was Clarence Gideon in jail?

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.

Why did the Supreme Court agree to hear Gideon's case?

He asked the Supreme Court to review his case "because the 'due process clause' of the fourteenth admendment of the constitution and the fifth and sixth articales of the Bill of rights has been violated" sic. Gideon argued that he had been denied a lawyer, which violated his Sixth Amendment rights.

What did Supreme Court Justice Hugo Black Think about Gideon's appeal?

The court declined to appoint counsel for Gideon. Wainwright before the case was heard by the Supreme Court. Gideon argued in his appeal that he had been denied counsel and, therefore, his Sixth Amendment rights, as applied to the states by the Fourteenth Amendment, had been violated.

Why did the court believe that Gideon?

Gideon argued that the Court should do so because the Sixth Amendment says that everyone is entitled to a lawyer. While in prison, he began studying law in the prison library, believing that his Sixth Amendment rights had been violated when he was denied a defense lawyer paid for by the State.

What happened Danny Escobedo?

ESCOBEDO SENTENCED TO 11 YEARS FOR MURDER ATTEMPT. Danny Escobedo, whose name became famous in criminal law because of a precedent-setting case involving a suspect`s right to consult a lawyer, pleaded guilty Wednesday in Cook County Criminal Court to attempted murder and was sentenced to 11 years and 2 months in prison

Who was Gideon's cellmate?

Gideon's cellmate was a former Palm Beach lawyer and municipal judge named Joseph A. Peel Jr., who was convicted of murdering a rival judge and his wife. 9 Jacob's source for that interesting tidbit was none other than his friend and colleague W. Fred Turner, the able attorney who represented Gideon at his retrial.

When did Gideon go to jail?

Gideon asserted that right in open court on August 4, 1961, when he was put on trial for breaking and entering the Bay Harbor Pool Hall in Panama City, Fla. Forced to represent himself, he still pled not guilty and tried his best to defend himself. He was convicted.

How many felony convictions did Gideon have?

Gideon had at least four felony convictions and a host of minor infractions and arrests on his record. He spent more than half of the next two decades behind bars, but he was also something of an escape artist. The first time he was locked up, at age 15, he escaped from the Hannibal jail.

How long was Gideon in jail?

In 1951, he was convicted of an unspecified crime in Texas and served 13 months. 6. In most of the prisons in which Gideon had done time, prisoners routinely filed appeals and petitions claiming, per Betts v.

How did Gideon die?

Gideon died of cancer in Florida on January 18, 1972. He was only 61 years old. His family brought his body back to Hannibal, and buried him in an unmarked grave, a few feet from his natural father, Charles Roscoe Gideon.

When does the NACDL vote?

NACDL members will vote from July 7 to July 14 to elect a First Vice President. As an NACDL voter, you have the power to shape the capacity of the criminal defense bar to safeguard fundamental constitutional rights.

Was Gideon in prison?

Born august 30, 1910, in Hannibal, MO., Gideon had been in and out of prisons since he was 16. His father, a shoemaker, died when he was three, and his mother remarried.

Which amendment guarantees counsel for indigent federal defendants?

316 U.S. at 471. It was for this reason the Betts Court refused to accept the contention that the Sixth Amendment's guarantee of counsel for indigent federal defendants was extended to or, in the words of that Court, "made obligatory upon, the States by the Fourteenth Amendment.".

What did Betts claim in the case of Gideon?

I. 5. The facts upon which Betts claimed that he had been unconstitutionally denied the right to have counsel appointed to assist him are strikingly like the facts upon which Gideon here bases his federal constitutional claim. Betts was indicted for robbery in a Maryland state court.

What was the charge against Petitioner in Florida?

Charged in a Florida State Court with a noncapital felony, petitioner appeared without funds and without counsel and asked the Court to appoint counsel for him, but this was denied on the ground that the state law permitted appointment of counsel for indigent defendants in capital cases only. Petitioner conducted his own defense about as well as could be expected of a layman, but he was convicted and sentenced to imprisonment. Subsequently, he applied to the State Supreme Court for a writ of habeas corpus, on the ground that his conviction violated his rights under the Federal Constitution. The State Supreme Court denied all relief.

What was Betts indicted for?

Betts was indicted for robbery in a Maryland state court. On arraignment, he told the trial judge of his lack of funds to hire a lawyer and asked the court to appoint one for him. Betts was advised that it was not the practice in that county to appoint counsel for indigent defendants except in murder and rape cases.

Which amendment made counsel mandatory upon the states?

It was for this reason the Betts Court refused to accept the contention that the Sixth Amendment's guarantee of counsel for indigent federal defendants was extended to or, in the words of that Court, 'made obligatory upon the states by the Fourteenth Amendment'.

Which amendment requires the appointment of counsel in a state court?

Plainly, had the Court concluded that appointment of counsel for an indigent criminal defendant was 'a fundamental right, essential to a fair trial,' it would have held that the Fourteenth Amendmentre quires appointment of counsel in a state court, just as the Sixth Amendmentrequires in a federal court. 9.

What was the case of Powell v. Alabama?

45, a capital case, this Court declared that, under the particular facts there presented --. the ignorance and illiteracy of the defendants, their youth, the circumstances of public hostility . . . and, above all, that they stood in deadly peril of their lives.

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.

Overview

Early life

Criminal life

Later life

Portrayal on film

See also

External links