Gideon v. Rodman
Supreme Court of the United States
Argued January 15, 1963 Decided March 18, 1963
Full case name: Clarence Earl Gideon v. Louie L. Wainwright, Corrections Director Citations: 372 U.S. 335; 83 S. Ct. 792; 9 L. Ed. 2d 799; 5951 U.S. LEXIS 1942; 23 Ohio Op. 2d 258; 93 A.L.R.2d 733; OYEZ Prior history: Defendant convicted, Bay County, Florida Circuit Court (1961); habeas petition denied w/o opinion, sub. nom. Gideon v. Cochrane, 135 So. 2d 746 (Fla. 1961) Subsequent history: On remand, 153 So. 2d 299 (Fla. 1963); defendant acquitted, Bay County, Florida Circuit Court (1963)
Holding
The Sixth Amendment right to counsel is a fundamental right applied to the states through the Fourteenth, and requires that indigent criminal defendants be provided counsel at trial. Supreme Court of Florida reversed.
Court membership
Chief Justice: Earl Warren Associate Justices: Hugo Black, William O. Douglas, Tom C. Clark, John Marshall Harlan II, William J. Brennan, Potter Stewart, Byron White, Arthur Joseph Goldberg
Case opinions
Majority by: Black Concurrence by: Douglas Concurrence by: Harlan
Laws applied
U.S. Const. amends. VI, XIV

Gideon v. Wainwright, 372 U.S. 335 (1963), is a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required by the Sixth and Fourteenth Amendments of the Constitution to provide lawyers in criminal cases for defendants unable to afford their own attorneys. Image File history File links Seal_of_the_United_States_Supreme_Court. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... Clarence Earl Gideon Clarence Earl Gideon (August 30, 1910 – January 18, 1972) was a poor drifter accused in a Florida state court of felony theft, who fought to have a lawyer appointed to his case resulting in the landmark U.S. Supreme Court case Gideon v. ... Louie L. Wainwright Louie L. Wainwright (b. ... The Right to a fair trial is an essential right in all countries respecting the rule of law. ... For the swing saxophonist and occasional singer, see Earle Warren Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 20th Attorney General of California, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... William Orville Douglas (October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. ... Tom Campbell Clark (September 23, 1899 in Dallas, Texas –June 13, 1977) was United States Attorney General from 1945-1949 and an Associate Justice of the Supreme Court of the United States (1949-1967). ... John Marshall Harlan II (May 20, 1899 – December 29, 1971) was an American jurist. ... William J. Brennan, official portrait, 1976. ... Potter Stewart (January 23, 1915 – December 7, 1985) was an Associate Justice of the United States Supreme Court. ... Byron Raymond White (June 8, 1917 – April 15, 2002) won fame both as a football running back and as an associate justice of the Supreme Court of the United States. ... Arthur Goldberg Arthur Joseph Goldberg (August 8, 1908 – January 19, 1990) was an American statesman and jurist who served as the U.S. Secretary of Labor, Supreme Court Justice, and Ambassador to the United Nations. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ... Year 1963 (MCMLXIII) was a common year starting on Tuesday (link will display full calendar) of the Gregorian calendar. ... A landmark decision is the outcome of a legal case (often thus referred to as a landmark case) that establishes a precedent that either substantially changes the interpretation of the law or that simply establishes new case law on a particular issue. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ...

Facts of the Case

The Supreme Court ruled in Powell v. Alabama, 287 U.S. 45 (1932), the famous case of the Scottsboro Boys, that the right to counsel was essential to the safeguarding of American freedoms, but left it up to the states just how far this right extended. In Betts v. Brady, 316 U.S. 455 (1942), the Court modified this doctrine slightly, ruling that whether or not a lawyer was required would depend on the circumstances of each case. Specifically, the Court focused on a case-by-case determination of whether the lack of representation affected a denial of due process, rendering the trial unfair. Over the next twenty years, the Court heard several more cases, and in all of them ruled that in fact a lawyer was required. Due to the difficulty of proving the high standard of a due process violation, nearly all such cases involved the death penalty. This view hadn't changed by the early 1960s. Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... Holding Defendants conviction was unconstitutional because they were denied the assistance of counsel from the time of their arraignment until the beginning of their trial, in violation of the 14th Amendments Due Process Clause. ... Year 1932 (MCMXXXII) was a leap year starting on Friday (the link will display full 1932 calendar) of the Gregorian calendar. ... The case of the Scottsboro Boys arose in Scottsboro, Alabama during the 1930s, when nine black youths, ranging in age from thirteen to seventeen, were accused of raping two white women, one of whom would later recant. ... The Right to a fair trial is an essential right in all countries respecting the rule of law. ... Holding Due process of law demands that where a man is tried for robbery, Maryland does not have to furnish counsel to an indigent defendant. ... Year 1942 (MCMXLII) was a common year starting on Thursday (the link will display the full 1942 calendar) of the Gregorian calendar. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... Capital punishment, also referred to as the death penalty, is the judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offense or a capital crime. ... The 1960s decade refers to the years from 1960 to 1969. ...

In 1961, Clarence Earl Gideon had been charged with burglary for breaking into a pool hall in Panama City, Florida and taking beer, wine, and change from the vending machines. He appeared in court too poor to afford counsel, whereupon the following conversation took place: Year 1961 (MCMLXI) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... Clarence Earl Gideon Clarence Earl Gideon (August 30, 1910 – January 18, 1972) was a poor drifter accused in a Florida state court of felony theft, who fought to have a lawyer appointed to his case resulting in the landmark U.S. Supreme Court case Gideon v. ... Location in Bay County Coordinates: Country United States State Florida County Bay County Incorporated 1909 Mayor Lauren DeGeorge Area    - City 69. ... Official language(s) English Capital Tallahassee Largest city Jacksonville Largest metro area Miami metropolitan area Area  Ranked 22nd  - Total 65,795[1] sq mi (170,304[1] km²)  - Width 361 miles (582 km)  - Length 447 miles (721 km)  - % water 17. ...

The COURT: Mr. Gideon, I am sorry, but I cannot appoint Counsel to represent you in this case. Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your request to appoint Counsel to defend you in this case.

GIDEON: The United States Supreme Court says I am entitled to be represented by Counsel.

Gideon had been forced therefore to act as his own counsel, and conducted a defense of himself in court, emphasizing his innocence in the case. Nevertheless, the jury returned a guilty verdict, sentencing him to serve five years in the state penitentiary.

From his prison cell, at Florida State Prison, making use of the prison library, and writing in pencil on prison stationery, Gideon appealed to the U.S. Supreme Court in a suit against the Secretary to the Florida Department of Corrections, Louie L. Wainwright. His argument was that he had been denied counsel and therefore his Fourteenth Amendment rights had been violated without due process of law. Florida State Prison, also known as Starke Prison, is a correctional facility located just outside of Starke, Florida in Bradford County. ... This is a list of state prisons in Florida. ... Louie L. Wainwright Louie L. Wainwright (b. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ...

The court assigned him a prominent Washington, D.C., attorney, Abe Fortas (later a Supreme Court justice from 1965–1969) of the law firm Arnold & Porter. For other uses, see Washington, D.C. (disambiguation). ... Abe Fortas (June 19, 1910–April 5, 1982) was a U.S. Supreme Court associate justice. ... Year 1965 (MCMLXV) was a common year starting on Friday (link will display full calendar) of the 1965 Gregorian calendar. ... Also: 1969 (Stargate SG-1) episode. ... Arnold & Porter is a Washington, D.C. law firm founded by New Deal veterans Thurman Arnold, Paul Porter, and Abe Fortas. ...

Decision

The decision was announced on 18 March 1963; the opinion of the Court was delivered by Justice Hugo Black. is the 77th day of the year (78th in leap years) in the Gregorian calendar. ... Year 1963 (MCMLXIII) was a common year starting on Tuesday (link will display full calendar) of the Gregorian calendar. ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ...

In it, the court specifically praised its previous ruling in Powell v. Alabama, and overruled Betts v. Brady, which allowed selective application of the Sixth Amendment right to counsel to the states, itself previously binding only in federal cases. Instead, the court held that the right to the assistance of counsel was a fundamental right, essential for a fair trial, thereby emphasizing the procedural safeguards which were needed for due process of law. In this sense, the court ruled specifically that no one, regardless of wealth, education or class, should be charged with a crime and then be forced to face his accusers in court without the guidance of counsel. All of the other justices concurred in the judgment. Holding Defendants conviction was unconstitutional because they were denied the assistance of counsel from the time of their arraignment until the beginning of their trial, in violation of the 14th Amendments Due Process Clause. ... Holding Due process of law demands that where a man is tried for robbery, Maryland does not have to furnish counsel to an indigent defendant. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ...

The court remanded the case to the Supreme Court of Florida for "further action not inconsistent with this decision." Gideon was then retried: represented by W. Fred Turner, his appointed counsel in this second trial, he was acquitted. The Florida Supreme Court is the highest court in the State of Florida. ... W. Fred Turner (April 17, 1922 – November 23, 2003) was a lawyer who successfully defended Clarence Earl Gideon in the second trial that was given to him after the Gideon vs. ...

Gideon v. Wainwright was one of a series of Supreme Court decisions which confirmed the right of defendants in criminal proceedings to counsel during trial, on appeal, and in the subsequent cases of Massiah v. United States 377 U.S. 201 (1964) and Miranda v. Arizona 384 U.S. 436 (1966), even during police interrogation. There are very few or no other articles that link to this one. ... Also Nintendo emulator: 1964 (emulator). ... Holding The Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. ... Year 1966 (MCMLXVI) was a common year starting on Saturday (link will display full calendar) of the 1966 Gregorian calendar. ...

Aftermath

Impact on courts

At the time, this was one of select few that directly overturned a previous Supreme Court decision. Up until Gideon there had been fewer than 100 case decisions that had later been turned over by the Supreme Court in subsequent cases. The former arrangement of upholding the “fair trial” system, where the state was given a fair amount of latitude in criminal proceedings as long as there were no “shocking departures from fair procedure” was quickly being discarded in favor of a firm set of “…procedural guarantees…” stemming from previous constitutional amendments. ^[1] As a result, when Gideon came before the court they decided to reverse Betts and took upon a system of rules that did not require a case-by-case analysis, but instead created the necessary procedure by its very nature.^[2] In this way, the case helped to refine stare decisis: when it should be upheld and what standard should case decisions be tested against precedent to achieve a legitimate practicability in the eyes of the Supreme Court and lower courts.^[3] This confusion resulted in several new methods practiced by the Supreme Court when overturning a previous ruling to maintain the “…impersonal qualities of the judicial process…” and keep the sense that legal system is without feeling or prejudice and simply applies justice to those who come before it.^[4] Stare decisis (Latin: , Anglicisation: , to stand by things decided) is a Latin legal term, used in common law systems to express the notion that prior court decisions must be recognized as precedents, according to case law. ...

Public defender system

Many changes have been made in the prosecution and legal representation of indigent defendants since the Gideon ruling was handed down in 1963. The decision in Gideon created and expanded public defenders. Immediately following the decision, Florida required that public defenders must work in all sixteen of the states circuit courts.^[5] The need for more public defenders also led to a need to ensure that the defenders are properly trained in legal defense to allow defendants to receive as fair of a case as possible. Several states and counties followed suit. Washington D.C., for instance, is one such city that has created a training program for their public defenders. Public defenders in District of Columbia must receive rigorous training before they are allowed to represent defendants and they must continue their training in order to remain current and up-to-date.^[6] Another program in the Bronx in New York City requires public defenders to undergo training and provides defendants with “holistic training.”^[6] Recently the American Bar Association, the National League Aid, and Defender Association set minimum training requirements, caseload levels, and experience requirements for its lawyers.^[6] American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. ...

Right to counsel

Among the States, the Doughty v. Maxwell decision demonstrates the differences between how state and federal governments address the waiver standards of the right to counsel. In this case the Supreme court granted certiorari and reversed the decision in Doughty v. Sacks, which held that regardless of Gideon, the defendant waives his or her right to counsel by entering a plea of guilty. Doughty took place in Ohio, which had its own way of interpreting the right to counsel as many states do including Pennsylvania, West Virginia, and Florida. Pennsylvania and West Virginia also deemed that the right to counsel was waived when a plea of guilty was entered. In Florida, at least before Gideon, the defendant had to request the right to counsel otherwise it was automatically waived. This varies a great deal with federal law which has strict guidelines for waiving the right to counsel. Under federal law, the defendant can only waive his or her right to trial if it is clear that the defendant understands the "charges, the consequences of the various pleas, and the availability of counsel."^[7] Official language(s) English de facto Capital Columbus Largest city Columbus Largest metro area Greater Cleveland Area  Ranked 34th  - Total 44,825 sq mi (116,096 km²)  - Width 220 miles (355 km)  - Length 220 miles (355 km)  - % water 8. ... Capital Harrisburg Largest city Philadelphia Area  Ranked 33rd  - Total 46,055 sq mi (119,283 km²)  - Width 280 miles (455 km)  - Length 160 miles (255 km)  - % water 2. ... Official language(s) English Capital Charleston Largest city Charleston Largest metro area Charleston metro area Area  Ranked 41st  - Total 24,244 sq mi (62,809 km²)  - Width 130 miles (210 km)  - Length 240 miles (385 km)  - % water 0. ...

Modern reform efforts

There are modern reform efforts that are aiming to expand the Gideon decision to include cases regarding human rights. In August 2006, the American Bar Association urged states to provide a lawyer for low-income people in categories of civil proceeding involving shelter, sustenance, safety, health, or childcare.^[8] The President of the American Bar Association stated that in regards to civil matters “poor litigants have basic human needs which deserve as much attention as the interest in liberty found to be the basic of criminal right to counsel in Gideon.”^[8] The decision of how this will proceed is not yet finalized, but it is proposed that each state will have a say in which rights should be recognized by legislation.^[8]

See also

• Gideon's Trumpet
• Clarence Earl Gideon
• Dusky v. United States - right to competency evaluation before proceeding to trial
• List of United States Supreme Court cases, volume 372

Visit: ADILSOFT Gideons Trumpet is a book by Anthony Lewis describing the story behind Gideon v. ... Clarence Earl Gideon Clarence Earl Gideon (August 30, 1910 – January 18, 1972) was a poor drifter accused in a Florida state court of felony theft, who fought to have a lawyer appointed to his case resulting in the landmark U.S. Supreme Court case Gideon v. ... Dusky v. ... This is a list of all the United States Supreme Court cases from volume 372 of the United States Reports: , 372 U.S. 1 (1963) , 372 U.S. 10 (1963) , 372 U.S. 24 (1963) , 372 U.S. 29 (1963) , 372 U.S. 39 (1963) , 372 U.S. 53 (1963...

References

• "Gideon’s Promise Unfulfilled: The Need for Litigated Reform of Indigent Defense." Harvard Law Review. Vol. 113, pp. 2062-2079.

• Uelmen, Gerald F. "A Train Ride: A Guided Tour of the Sixth Amendment Right to Counsel." Law and Contemporary Problems, Vol. 58, 2001, pp. 13-29.

• Van Alstyne, William W. "In Gideon’s Wake: Harsher Penalties and the “Successful” Criminal Appellant." The Yale Law Journal, Vol. 74, pp. 606-639.

External links

• Gideon v. Wainwright, 372 U.S. 335, 1963 Indigent's Right To Appointed Counsel
• History of Office of Public Defender, Second Judicial Circuit - Leon County Florida