Garland Casey McClure
Southwest Tennessee Community College
Gideon v. Wainwright
The challenge in this case is based on requests being made by the accused, that a counsel be appointed to him. “If the accused is indigent, it is the duty of the State to acknowledge that request and to appoint counsel for the purpose of assisting the accused in the trial of the case.” (Educational Broadcasting, 2006)
The Case
“Clarence Earl Gideon was convicted by the State of Florida for the violation of a statute, which is a felony. He was charged with breaking and entering a Bay Harbor Poolroom called “The Pearl”, in Panama City, Florida. He was caught stealing wine, cigarettes, and a sum of money.” (Educational Broadcasting, 2006) There is no evidence in the record saying how much money was taken, but the amount must have been less than $100 because the statute of …show more content…
“The Court asked Clarence Earl Gideon if he was ready to proceed, he said he was not. He said he was without funds and without counsel. He then asked the Court to appoint counsel to represent him. The Court said that they could not appoint counsel to represent a defendant in a noncapital case. The petitioner was without funds and without an attorney at the time of trial. He requested the appointment of counsel and the trial court failed to appoint counsel.” (Administration Office of U.S Courts, n.d.)
Habeas Corpus
“While serving his sentence in a Florida state prison, Gideon began studying law, which reaffirmed his belief his rights were violated when the Florida Circuit Court refused his request for counsel. From his prison cell, he handwrote a petition asking the U.S. Supreme Court to hear his case and it agreed. The Court unanimously ruled in Gideon’s favor, stating that the Six Amendment requires state courts to provide attorneys for criminal defendants