who was clarince earl gideon lawyer

Who is Clarence Earl Gideon?

Florida Dept. of Corrections. 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 …

What happened to Clarence Gideon at his first trial?

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's father?

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?

Clarence Earl Gideon (August 30, 1910 – January 18, 1972) was a poor drifter accused in a Florida state court of felony theft.While in prison, he appealed his case to the US Supreme Court, resulting in the landmark 1963 decision Gideon v. Wainwright holding that a criminal defendant who cannot afford to hire a lawyer must be provided one at no cost.. At Gideon's first trial in …

Did Clarence Gideon have a lawyer?

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.

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?

At trial, Gideon appeared in court without an attorney. 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.

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.

How did Clarence Earl Gideon's case reach the Supreme Court?

After the Florida Supreme Court denied his petition, Gideon appealed to the U.S. Supreme Court, which reviewed his case in 1963. The Supreme Court, in a unanimous decision written by Justice Hugo Black, ruled that Gideon's conviction was unconstitutional because Gideon was denied a defense lawyer at trial.

Who won the Gideon v. Wainwright case?

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 the question in Gideon v. Wainwright?

Constitutional Issue The issue considered by the Court in Gideon v. Wainwright was whether States are required, under the federal Constitution, to provide a person charged with a non-capital felony with the assistance of counsel if that person cannot afford to hire an attorney.

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.

Early life

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.

Arrest, conviction, and Gideon v. Wainwright

On June 3, 1961, $5 in change and a few bottles of beer and soda were stolen from the Pool Room, a pool hall and beer bar that belonged to Ira Strickland Jr. Strickland also alleged that $50 was taken from the jukebox.

Later life

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 him in an unmarked grave in Hannibal.

Portrayal on film

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.

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.

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.

Why did Gideon tell the taxi driver to keep the taxi ride secret?

Furthermore, although in the first trial Gideon had not cross-examined the driver about his statement that Gideon had told him to keep the taxi ride a secret, Turner's cross-examination revealed that Gideon had said that to the cab driver previously because "he had trouble with his wife.".

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.

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.

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 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.

Early life

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 truancy, quit school after eighth grade, aged 14, and ran away from home, becoming a homeless drifter.

Arrest, conviction, and Gideon v. Wainwright

On June 3, 1961, $5 in change and a few bottles of beer and soda were stolen from the Pool Room, a pool hall and beer bar that belonged to Ira Strickland Jr.

Later life

After his acquittal, Gideon resumed his previous way of life and later married for a fifth time. 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.

Portrayal on film

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.

External links

State of Florida vs Clarence Earl Gideon (transcript of second trial, August 5, 1963) from Florida's Fourteenth Judicial Circuit.

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.

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.".

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.

Did Gideon testify himself?

Put to trial before a jury, Gideon conducted his defense about as well as could be expected from a layman. He made an opening statement to the jury, cross-examined the State's witnesses, presented witnesses in his own defense, declined to testify himself, and made a short argument 'emphasizing his innocence to the charge contained in ...

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

Portrayal on film

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 the 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.

Early life

Criminal life

Later life

See also

External links