1. Right to Counsel, Due Process
case
Gideon v Wainwright. 1963
Year
Issue under consideration, what the case was about
Right to Counsel, Due Process
George Sanchez 2nd period

2. Background Burglary occurred at a pool room in Florida
Facts of the case, how the case came to be in front of the Supreme Court
Burglary occurred at a pool room in Florida
Witnesses claimed to see Clarence Earl Gideon in poolroom that morning
Gideon found nearby with a pint of wine and some change- he was arrested
Gideon requested a lawyer under the 6th amendment but the judge said he didn’t have to provide one unless there were “special circumstances

3. Background continued Gideon forced to defend himself- found guilty
Filed a writ of habeus corpus with Florida Supreme Court- rejected
Handwrites a petition to the US Supreme Court arguing that the 6th amendment requires states to provide lawyers for the indigent (those who cannot afford to pay)
Plaintiff’s argument

5. Supreme Court decision 9-0 in favor of plaintiff Gideon
Ruled that lawyers must be provided in felony criminal cases in state courts as well as federal courts because the right to an attorney is a fundamental right.
6th amendment –right to counsel

6. Robert F. Kennedy quote
If an obscure Florida convict named Clarence Earl Gideon had not sat down in his prison cell
to write a letter to the Supreme Court the vast machinery of American law would have gone on functioning undisturbed. But Gideon did write that letter, the Court did look into his case and the whole course of American legal history has been changed."