Between midnight and 8 a.m. June 30, 1961 Robbery at Bay Harbor Pool Room Panama city, Florida
Broken window Smashed cigarette machine Smashed jukebox Stolen money from both machines
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
Semi-literate Asked the judge to appoint him a lawyer Argued the 6 th amendment Judge denied Gideon from a lawyer
Right to a speedy and public trial Supposed to not be delayed for more then 1 year Court never officially made that a rule.
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
Gideon had to defend himself Judge would not pay for a poor person capital crime or “special circumstance”
Gideon did not defend himself well Did no preparation work Used the police officers that arrested him as witnesses
Trial started January 15 th, 1963 Gideon had no experience in a court room Questioning was not as strong as a lawyers would of been
Found guilty on March 18 th, 1963 Five years in a Florida prison Studied law Filed petition- Habeas corpus Asks to be free due to illegally putting him in jail
Florida supreme court rejects it Wrote writ of certiorari Asked supreme court to hear his case The one Gideon wrote
Court allowed forma pauperis Court would waive any fees with the petition The court accepted it
Betts got arrested for robbery in 1942 Court denied the right to a lawyer
The court must give the defendant a lawyer Only special circumstances Gideon did not claim special circumstances
Gideon’s court case overruled Betts v. Brady Anyone who could not afford a lawyer, had the right to one