between midnight and 8 a.m. june 30, 1961 robbery at bay harbor pool room panama city, florida
TRANSCRIPT
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Gideon V. WainwrightKayla Kozminski
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Between midnight and 8 a.m.
June 30, 1961 Robbery at Bay
Harbor Pool Room Panama city, Florida
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Broken window Smashed cigarette
machine Smashed jukebox Stolen money from both
machines
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Witness saw a man there at 5:30 a.m.
Clarence Earl Gideon
Arrested- pint of wine and loose change.
Charged with breaking and entering
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Semi-literate Asked the judge to
appoint him a lawyer
Argued the 6th amendment
Judge denied Gideon from a lawyer
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Sixth amendment
Right to a speedy and public trial
Supposed to not be delayed for more then 1 year
Court never officially made that a rule.
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Time and manner is the defendants right
Court has to give defendant a counsel if they cannot afford their own.
If this amendment is broken, then the indictment must be dismissed and/or the conviction overturned
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Gideon had to defend himself
Judge would not pay for a poor person
capital crime or “special circumstance”
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Gideon did not defend himself well
Did no preparation work
Used the police officers that arrested him as witnesses
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Trial started January 15th, 1963 Gideon had no experience in a court
room Questioning was not as strong as a
lawyers would of been
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Found guilty on March 18th, 1963 Five years in a Florida prison Studied law Filed petition- Habeas corpus Asks to be free due to illegally putting
him in jail
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Florida supreme court rejects it
Wrote writ of certiorari
Asked supreme court to hear his case
The one Gideon wrote
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Court allowed forma pauperis
Court would waive any fees with the petition
The court accepted it
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Betts v. Brady
Betts got arrested for robbery in 1942
Court denied the right to a lawyer
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Courts final decision
The court must give the defendant a lawyer
Only special circumstances
Gideon did not claim special circumstances
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Gideon’s court case overruled Betts v. Brady
Anyone who could not afford a lawyer, had the right to one