Gideon V. WainwrightKayla Kozminski

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 6th amendment

Judge denied Gideon from a lawyer

Sixth amendment

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 15th, 1963 Gideon had no experience in a court

room Questioning was not as strong as a

lawyers would of been

Found guilty on March 18th, 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 v. Brady

Betts got arrested for robbery in 1942

Court denied the right to a lawyer

Courts final decision

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