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Case Study: Gideon V. Wainwright

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Gideon V. Wainwright 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 (1963) is the case I have chose to brief. According to US courts website “Clarence Earl Gideon was an unlikely hero. He was a man with an eighth-grade education who ran away from home when he was in middle school. He spent much of his early adult life as a drifter, spending time in and out of prisons for nonviolent crimes.”The Petitioner within the case was Clarence Earl Gideon. The Respondent was Louie L. Wainwright, Director, and Division of Correction. It was decided by Warren Court (1962-1965) and it was argued on January 15, 1963 and finally decided on Mach 18, 1963. Gideon was not your normal teenager as he did not spend much time with friends nor did he seem to care much about …show more content…

He was more of the teenager that was always in trouble and always doing something that was against the law. As he grew older the crimes seemed to begin to get worse and worse and then it eventually came to a stand when he was finally charged with breaking and entering. The intent to commit a misdemeanor, but under Florida’s laws this was considered a felony. As of course within every case If you do not have the money to provide your own judge one will be appointed to you. The crime had occurred somewhere between midnight and 8 a.m. on June 23, 1961 when a burglary had occurred at the Bay Harbor Pool Room in Panama City,

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Transcript of Civil Liberties & the Civil Rights Court Cases Assignment Civil Liberties & the Civil Rights Court Cases Assignment Gideon v Wainright Dates: Argued January 15, 1963 Decided March 18, 1963 Background: Charged in a Florida State Court with a non capital felony, petitioner appeared without funds and without counsel and asked the Court to appoint counsel for him, but this was denied on the ground that the state law permitted appointment of counsel for indigent defendants in capital cases only. Mapp v. Ohio Dates : Argued March 29, 1961

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The following essay will outline the variances of two case” Illinois v. Gates and Spinelli v. United States. It will discuss the Supreme Court requires to establish probable cause for a warrant. Illinois v. Gates In Illinois v. Gates, law enforcement received a letter (that was anonymous) stating that the Gate family was in the drug transporting business, and operating between the states of Florida and Illinois. Upon investigation, law enforcement discovered that Gates had made the purchase of an Air Line ticket, traveling to Florida.

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Having unconvinced the jury, Clarence was subsequently found guilty with five years of jail time (Facts par 3). Knowing 2 his constitutional entitlements were violated, Mr. Gideon compiled a series of petitions in an effort to gain his right to counsel (Facts par 4-5). As a result of his righteousness, the case of Gideon v. Wainwright was born. On June 3, 1961, a suspect broke into the Bay Harbor Poolroom and stole beer, wine, and money (David J Shestokas par 10-11).

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Gideon v. Wainwright provided the legal foundation for the requirement that indigent defendants be granted a court-appointed

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Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.

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Gideon’s Trumpet Summary Clarence Earl Gideon was convicted of breaking and entering in a pool room. He went to court and got sentenced to 5 years in the state penitentiary he served 2 years for a crime he did not camet .He sent a letter to the supreme court exercising his right that everyone had to have a lawyer. The supreme court decided to let him retake the court and he was found not guilty. This court session was decided that everyone that couldn't afford a lawyer was guaranteed one .

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The structure of the book has placed it at the top of the reading list for aspiring law students. It effectively maps out the Supreme Court’s ruling history and also the crucial turning point of progressing American civil liberties. Robert F. Kennedy commented on Gideon’s perseverance stating, “If an obscure Florida convict named Clarence Earl Gideon had not sat down in prison with a pencil and paper to write a letter to the Supreme Court; and if the Supreme Court had not taken the trouble to look at the merits in that one crude petition among all the bundles of mail it must receive every day, the vast machinery of

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Gideon v. Wainwright was a 1963 landmark case in the United States Supreme Court. The court case involved the right to counsel under the Fifth and Sixth Amendment that eventually lead to a fundamental right. The Supreme Court eventually ruled that states are required under the Sixth Amendment to the U.S. Constitution to provide an attorney to defendants in criminal cases who are unable to afford their own attorneys. On June 3,1963 in Panama City, Florida a man known by Clarence Earl Gideon was arrested and charged with breaking and entering a poolroom in Florida with the intent to commit a misdemeanor offense therefore, he was charged with a felony. Clarence Earl Gideon was a poor man from Florida who ran away from home at a early age and was also under educated and had dyslexic throughout his life.

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The police actions were unjustifiable and unwarranted in this situation. In the court care of Tennessee v. Garner, the Supreme Court ruled that, “deadly force may not be used unless there is a reasonable cause to believe there is a significant threat of death or serious physical injury to the officer or others exists” (Hendrix, 2013, page 194). The use of physical force should not be used in the manner of vindictiveness, retaliation, or punishment purposes. This display of action is unprofessional and is against the code of conduct. The suspect’s actions of getting out of her vehicle warranted the use of force, because she approached the officer in a threating manner.

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Fortas argued Gideon 's case by using wether Betts V. Brady should be reconsidered. The Betts V. Brady case had ruled that (akin to Gideon’s) that the fourteenth amendment requires states to appoint counsel only under special circumstances. It has been an unpopular standard and was constantly criticized but nevertheless was in effect. In only two short months, the verdict for Gideon 's case had been decided, Betts V. Brady was found unconstitutional, as it violated the sixth amendment 's right to a fair and speedy trial and that looking at the fourteenth amendment, which guarantees due process of law, the court was wrong to not have appointed Gideon a lawyer. The court then ruled that Gideon should be given a retrial, this time with a court appointed

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From age ten until he was arrested, he had no stable home and had lived in as many as ten different addresses in the span of three years. He spent much of his time on the street, where he committed crimes like stealing a bike, trespassing, and other non-violent crimes

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Wainwright illustrated the importance of personal rights guaranteed by the constitution. This case began when Clarence Gideon was denied a court appointed lawyer to represent him in a petty crime case. Gideon, unable to afford his own lawyer, was unable to adequately defend himself and consequently was convicted. However, he was undeterred. Gideon then wrote a letter to the Supreme Court to overturn this conviction with the 6th Amendment as his evidence of the court’s misconduct.

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