Gideon vs. Wainwright
United States Supreme Court cases are argued and decided on Constitutional grounds. All arguments and decisions are based on interpretations of the original Constitution and, more often, on Constitutional amendments. In June 1961, Clarence Gideon was arrested and charged with breaking and entering in Bay Harbor. He was tried in a Florida Circuit Court in August 1961. Gideon stated in Court that he was unable to afford a lawyer and asked the Judge to appoint one for him. The Judge said he was sorry but he could not do that, because the laws of Florida called for appointment of counsel only when a defendant was charged with a capital offense [where the death penalty might be imposed]. When the Florida courts denied his claim, he went to the Supreme Court. In his prison he submitted a petition, handwritten in pencil, arguing that Florida had ignored a rule laid down by the Supreme Court: " that all citizens tried for a felony crime should have aid of counsel." Oral arguments were heard on January
In JOHNSON v. ZERBST (1928) the court read the 6th Amendment to require the appointment of counsel for all indigent federal criminal defendants. But during the period criticism of the case mounted. More and more often, too, the Supreme Court found "special circumstances" to require counsel. So when Clarence Earl Gideon's petition reached the Court. The Justice seized this chance to think about the Constitution and the right to counsel. Granting review, the Court ordered counsel to discuss: "should this Court's holding in Betts v. Brady be reconsidered?" Then the Court appointed to represent Gideon, who had had no lawyer at his trial, one of the best lawyers in Washington, ABE FORTAS. The facts on which Betts claimed that he had been unconstitutionally denied the right to have counsel appointed to assist him are similar to the facts on Gideon. Betts was indicted for robbery in a Maryland state court. On arraignment, he told the trial judge of his lack of funds to hire a lawyer and asked the court to appoint on
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Approximate Word count = 695
Approximate Pages = 3 (250 words per page double spaced)
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