1. Landmark Supreme Court case: Gideon V. Wainwright
Gideon’s Trumpet
Landmark Supreme Court case:
Gideon V. Wainwright

2. Clarence E Gideon 51 year old white male
Four previous felony convictions
Proclaimed gambler/thief
Considered harmless/likeable

3. Case
Clarence Earl Gideon was accused and found guilty of breaking and entering a poolroom and stealing coins from the vending machines, beer, and wine from the bar.
Sentenced to the maximum sentence in a Florida court-5 years.

4. Gideon V. Cochran Gideon writes an appeal to the supreme court
He states that he asked for and was refused an attorney at his trial
He says the Bill of Rights allows him an attorney and his rights were violated.

5. Gideon V. Cochran
Gideon writes his appeal to the S.C. in forma pauperis
Rule 53:
Only one copy of petition
Can be handwritten
Allowances for errors

6. Gideon V. Cochran
The Supreme Court hears a majority of cases on appeal- must have a federal question involved.
Granted the writ of certiorari in Gideon V, Cochran.
Cochran term ends- Wainwright takes over

7. Rules for hearing appeals
Must have a federal question
Must raise the claim at the earliest possible moment in the trial
Must follow the state appeals process
Must meet all state and federal deadlines
Gideon met all the requirements

8. Pertinent Cases
Marbury v. Madison- set up the process of judicial review- John Marshall chief justice.
McCulloch v. Maryland- can the U.S. gov. set up a bank? Marshall opinion was yes and enlarged the power of the federal gov.

9. Pertinent Cases
Baaron v. Baltimore- Marshall opinion the Bill of Rights only extended to federal government- not the states. Practice of judicial restraint
Adamson v. Calif.- the 14th amendment does not apply to the states and incorporates the Bill of Rights.

10. Pertinent Cases
Powell v. Alabama (1932) 7 Scottsboro boys on trial for a fight on a train between whites and blacks. Scottsboro boys arrested, tried, and convicted of rape. Sentenced to death.
1st time Supreme Court overturned State conviction for unfair trial procedures, capital crime, agitated community, helpless defendants, all components.

11. Pertinent Cases
Hudson v. California (1960) Hudson needed counsel when co defendant changed plea to guilty- jury prejudiced.
Mapp v. Ohio (1961) No illegally obtained evidence can be used at trial- including confessions. The 14th amendment applies to all states

12. Pertinent Cases
Griffin v. Illinois (1956) courts must send trial transcripts to appeals courts when requested. Equal justice by 14th amendment requires that poor not have to pay for the transcripts even in state cases.

13. Pertinent Cases
Betts V Brady- court said that counsel would be provided in all federal felony cases.
State felony cases by special circumstances
Illiteracy -Ignorance
Youth or mental instability
Inappropriate court behavior- prosecutor or judge
Complex charges -Prejudice

14. The Supreme Court
Nine justices:
One Chief Justice
8 regular judges

15. The Supreme Court Procedures
Friday Conference-
deals with 100 issues and many are decided before the meeting
Chief Justice presides- states opinion on issue
Each justice by ranking order gives opinion

16. The Supreme Court Procedures
Vote in inverse order- rule of four
Grants hearing
Assigns justice if necessary
Solicitor general for United States
Amicus curiae- briefs allow Supreme Court to determine public opinion.
15 minutes to 1 hour to present case to court.

17. Opinion Majority opinion: The agreement of the court
Concurring: Agree with the majority opinion but for a different reason
Dissenting: Disagree with the majority opinion.

18. Gideon v. Wainwright Abe Fortas appointed for Gideon
Uses the 14th amendment to incorporation of 6th into states.
Bruce Jacob- Florida Attorney general tries to use 10th amendment to show 6th and 14th cannot be used on states.

19. The Supreme Court Procedures
Sit in conference on Fridays-
Discuss all appeals up for review- writs and regular paid cases
Paupers applications-if place on appellate docket
Consider and vote on all cases heard the proceeding Monday thru Thursday.

20. Gideon v. Wainwright Problems with case for Fortas:
Betts laid precedent for special circumstances
Justices practice judicial restraint
Stare decisis is always best to judges

21. Gideon v. Wainwright Problems for Jacob
Court reversing all state decisions using Betts
Betts not clear
States rights not clear

22. Gideon v. Wainwright Fortas- bottom line
Did Betts give the Supreme Court more power over the states through case by case review?
Does the case by case review violate the separate levels of government provided through Federalism?

23. Gideon v. Wainwright
Court agreed that Gideon and everyone has the right to an attorney.
Gideon case sent back to Florida for retrial
Double jeopardy does not exist for cases on appeal.
Gideon found not guilty at retrial