 Between midnight and 8 a.m.  June 30, 1961  Robbery at Bay Harbor Pool Room  Panama city, Florida.

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Presentation transcript:

 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