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Gideon Vs. Wainright


            In June 1961, Clarence Earl Gideon, a fifty-year-old man, with a prior arrest record, was arrested in Panama City, Florida. He was charged with breaking into a pool hall. The things that were stolen were beer, coke, and change from a cigarette machine. Gideon claimed innocence. When his trial began he asked the court for court appointed counsel. He was denied the right because the state law only permits counsel in capital cases and for "indigent" defendants. .
             The trial continued. Gideon conducted his own defense his effort however, were ineffective. He did the best he could for someone who had no knowledge or experience. He made an opening statement to the jury, cross-examined the State's witnesses, presented witnesses in his own defense, declined to testify himself, and made a short argument "emphasizing his innocence to the charge contained in the information filed in this case." The jury the jury convicted Gideon and sent him to prison for five years. While in prison, Gideon studied law books. Gideon filed petion for Habeas Corpus in the Florida Supreme Court. Gideon's petion was denied. Gideon then appealed to the United States Supreme Court in forma pauperis. The Supreme Court selected his case to be considered. .
             In the case, Betts vs. Brady Maryland farm worker Smith Betts asked for the court appointed counsel to his defense. The judge denied his request because the country that has in doesn't appoint poor defendants only in a capital case. Betts was sentenced to eight years in prison, Betts sent an appeal to the Supreme Court, but again the court ruled against Betts. The reason why is because "In the great majority of states, it has been the considered judgment of the people their representative, and their courts that the appointment of counsel is not a trial." (Goodman 64) With that statement in mind, Gideon's case was issued with just reason. Twenty-two States, as friends of the Court, argue that Betts was "an anachronism when handed down" and that it should now be overruled.


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