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Published byMoris Adams Modified over 9 years ago
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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 6 th amendment Judge denied Gideon from a lawyer
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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 15 th, 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 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
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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 got arrested for robbery in 1942 Court denied the right to a lawyer
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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
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