Clarence sues Louie You decide the outcome

1- A break-in at a pool hall Sometime after the midnight closing time and before 8:00 this morning, somebody broke in to the Bay Harbor Pool Room. The burglar smashed a jukebox and a vending machine and took maybe about $50 worth of coins, plus a few bottles of beer and soft drinks.

2- clarence becomes a suspect A man who lives near the pool hall says he saw Clarence leave the pool hall about 5:30 AM with a wine bottle, and his pockets bulging with coins. A taxi driver says he picked up Clarence near the pool hall.

3- clarence is arrested Later the same day, at another lounge.

4- clarence is convicted A jury unanimously decides he’s “Guilty beyond a reasonable doubt.”

5- clarence studies law in prison In prison, Clarence, an eighth grade dropout, has access to law books. He studies and studies. With a pencil and five sheets of prison-issued stationery, Clarence writes a petition for a Writ of Certiorari to the US Supreme Court.

6- clarence gets an appeal The justices agree to hear the case, and they appoint a lawyer to represent Clarence. In order to get into the Supreme Court, Clarence is literally suing the person in charge of the state prison system, Louie

7 – The supreme Court hears the appeal Clarence had asked for a lawyer at his trial, but the judge said he could not appoint one for Clarence. There was nothing preventing Clarence from contacting lawyers... But Clarence would have to either get a lawyer to work free, or find a way to get the money to hire one. The state’s laws would only allow the state to pay for a defense lawyer in capital cases. About half of the states had similar laws.

Discussion: Does the state have to pay for a lawyer for clarence? What in the Constitution was Clarence relying on?

Discussion: What does the sixth amendment’s “right to counsel” mean? Clarence said it means he gets a lawyer, even if that means the taxpayers have to pay for one. The state said it means you can hire any lawyer you can.

Discussion: What does the sixth amendment’s “right to counsel” mean? Now the Supreme Court must decide... But first, some arguments from both sides:

Clarence’s argument: It’s not fair for an average person to go against a trained professional attorney Criminal law and court proceedings are complicated, only an experienced specialist could be successful

The State’s arguments: We did nothing to prevent Clarence from talking to lawyers About half the states have similar laws

The State’s arguments: We could not possibly afford to hire lawyers for every criminal defendant We would not have any money left over to pave roads, hire police officers and teachers, and do other important things the citizens need

The State’s arguments: We have more than 2,000 convicted felons in prison right now who did not have lawyers at their trial... These criminals will have to be set free if you rule in favor of Clarence

Time to decide Can the Supreme Court declare Clarence guilty? Can it declare him innocent?

Time to decide Can the Supreme Court declare Clarence guilty? NO. Can it declare him innocent? Also NO. The Supreme Curt does not decide guilt or innocence.

Time to decide What is the issue for the Supreme Court to decide?

Time to decide What is the issue for the Supreme Court to decide? In a criminal case, the only question is: did the defendant receive a fair trial? Clarence says he did not because his state’s laws violated the Sixth Amendment.

Discussion: What do you decide?

Discussion: What do you decide? What happens if you decide the trial court did violate Clarence’s sixth amendment rights?

conclusion:

conclusion: The law in Florida and more than 20 other states was unconstitutional. Anybody on trial has a right to a lawyer, even if they cannot afford one. We’re the Supreme Court. We are not elected. It’s not our problem if you now can’t afford to build a school.

conclusion: Yes, Florida did have to release more than 2,000 inmates who did not have lawyer when they went to trial. Clarence got a second trial, two years after the first one. This time he had a lawyer. He was acquitted. He was never arrested again for any offense.

details: Clarence is Clarence Gideon, who died in 1972 at the age of 72. Louie is Louie Wainwright, the Secretary of the Florida Department of Corrections for 25 years. He retired in 1987. The case of Gideon v Wainwright (1963) is considered one of the most important Supreme Court decisions. The Supreme Court ruling was unanimous, 9-0.

details: Clarence’s appointed attorney for the Supreme Court hearing was Abe Fortas, who later became a Supreme Court Justice himself.

details: Clarence’s attorney for his retrial in Panama City was Fred Turner, who later became a Circuit Judge in the Florida Court system in Panama City. Judge Turner in 2003, a few months before he died at the age of 81. On either side of him are sons of Clarence Gideon.