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Law: Gideon Vs Wainright



             Fourteenth Amendment prevent this? The Supreme Court was faced with answering.
             these questions in the case of Gideon v. Wainwright. .
             In June of 1961, Clarence Earl Gideon, a fifty year old petty thief, drifter, and gambler.
             who had spent much of his life in and out of jail was arrested in Panama City Florida. He.
             was charged with breaking into a poolroom one night in an effort to steal beer, Coke,.
             and coins from a cigarette machine (Goodman 62). .
             From the outset, Gideon insisted that he was innocent. His trial commenced in a Florida.
             courtroom in August of that year. Gideon informed the Judge that he was not prepared.
             for the trial to begin because he had not assembled a legal counsel in his defense. He.
             then requested that the court appoint counsel to represent him (Goodman 62). The.
             Judge responded with the following statement: .
             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" (372 U.S. 335) .
             The trial continued, and Gideon directed his defense; but his efforts were futile as one.
             could expect from a common man with no legal education or experience. The jury.
             convicted him of the felonious charges and gave Gideon the maximum five year.
             sentence (Goodman 62). .
             At the time of Gideon's trial in the Florida court the right to legal counsel ensured by.
             the Sixth Amendment was only applicable to federal cases, and states had the right to.
             handle the matter of the appointment of legal counsel to the defense in state cases at.
             their discretion (Asch, 135). This practice was an effect of the outcome of the United.
             States Supreme Court case of Betts v. Brady decided in 1942. In this case, an.
             unemployed farm worker in Maryland named Smith Betts was charged with robbery.


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