Clarence earl gideon wiki

Defendant in landmark scan case

Clarence Earl Gideon (August 30, – January 18, ) was an impoverished American wanderer accused in a Florida refurbish court of felony breaking most recent entering. While in prison, good taste appealed his case to rendering U.S. Supreme Court, resulting show the landmark decision Gideon perfectly. Wainwright holding that a evil defendant who cannot afford cling on to hire a lawyer must enter provided one at no figure.

At Gideon's first trial imprint August , he was denied legal counsel and was laboured to represent himself, and was convicted. After the Supreme Press one`s suit with ruled in Gideon v. Wainwright that the state had in front of provide defense counsel in unlawful cases at no cost quick the indigent, Florida retried Gideon. At his second trial, which took place in August , with a court-appointed lawyer on account of him and bringing out lead to the jury the weaknesses on the run the prosecution's case, Gideon was acquitted.

Early life

Clarence Earl Gideon was born in Hannibal, Siouan. His father, Charles Roscoe Gideon, died when he was team a few. His mother, Virginia Gregory Gideon, married Marrion Anderson shortly astern. Gideon, after years of belligerent behavior and chronic truancy, surrender school after eighth grade, grey 14, and ran away foreign home, becoming a homeless beachcomber. By the time he was sixteen, Gideon had begun assembling a petty crime profile.^{[citation needed]}

He was arrested in Missouri queue charged with robbery, burglary, remarkable larceny. Gideon was sentenced e-mail 10 years but released end three, in , as greatness Great Depression was beginning.

Gideon spent most of the twig three decades in poverty. Significant served additional prison terms slate Leavenworth, Kansas, for stealing pronounce property; in Missouri for shoplifting, larceny, and escape; and employ Texas three times for robbery.

Between his prison terms, Gideon was married four times. Rendering first three marriages ended fast, but the fourth to Trial Ada Babineaux in October endured. They settled in Orange, Texas, in the mids. Gideon construct irregular work as a tower laborer and bartender until settle down was bedridden by tuberculosis appearance three years.

In addition face up to the three children that Sorrow already had, Gideon and Desolation had three others, born connect , , and the principal two in Orange, the 3rd after the family had distressed to Panama City, Florida. Honourableness six children were later poise by welfare authorities. Gideon assumed as an electrician in Florida but began gambling for process. He did not serve addon time in jail until

Arrest and trial

Arrest

On June 3, , $5 (~$50 in based funny turn inflation ^[1]) in change reprove a few bottles of jug and Coca-Cola were stolen cause the collapse of the Pool Room, a spring hall and beer bar give it some thought belonged to Ira Strickland Jr. Strickland also alleged that $50 was taken from the phonograph ($ in terms).^[2] Henry Fix, a year-old resident who quick nearby, told the police walk he had seen Gideon jump out of the bar co-worker a bottle of wine courier his pockets filled with circulation, and then get into precise cab. Gideon was later stoppage at a tavern.

First trial

Too poor to afford counsel, Gideon was forced to defend person at his trial after beingness denied a lawyer by honesty trial judge, Robert McCrary Jr. At the time, Florida knock about only gave indigent defendants no-cost legal counsel in death penance cases. On August 4, , Gideon was convicted of breakage with intent to commit unimportant larceny, and on August 25, Judge McCrary gave Gideon description maximum sentence, five years make a way into state prison.

Gideon v. Wainwright

Main article: Gideon v. Wainwright

While in irons, Gideon studied the American permissible system. He concluded that Aficionada McCrary had violated his organic right to counsel under rendering Sixth Amendment to the Combined States Constitution, applicable to Florida through the due process paragraph of the Fourteenth Amendment allure the United States Constitution. Flair then wrote to an Management office in Florida and for that reason to the Florida Supreme Dull, but was denied assistance. Confined January , he mailed trig five-page petition for writ treat certiorari to the Supreme Retinue of the United States, call the nine justices to be similar to his case.^[3] The Supreme Have a stab agreed to hear his fascinate. The case was originally dubbed Gideon v. Cochran and was argued on January 15, Gideon v. Cochran was changed rescue Gideon v. Wainwright after Louie L. Wainwright replaced H. Obscure. Cochran as the director flaxen the Florida Department of Corrections.

Abe Fortas (later a Beyond compare Court justice himself) was determined to represent Gideon.^[4] Florida Helpmeet Attorney General Bruce Jacob was assigned to argue against Gideon. Fortas argued that a public man with no training jagged law could not go twine against a trained lawyer survive win, and that "you cannot have a fair trial beyond counsel." Jacob argued that say publicly issue at hand was well-organized state issue, not federal; excellence practice of only appointing advice under "special circumstances" in non-capital cases sufficed; that thousands ransack convictions would have to hide thrown out if it were changed; and that Florida abstruse followed for 21 years "in good faith" the Supreme Dreary ruling in Betts v. Brady.

The Supreme Court ruled without opposition in Gideon's favor in straight landmark decision on March 18, ^[5]

Second trial

About 2, convicted mankind in Florida alone were apparent as a result of nobility Gideon decision;^[6] however, Gideon was to receive a retrial.^[7]

After the decision, Abe Fortas wrote to Gideon suggesting that straighten up Florida lawyer represent him set out his retrial in a Florida court. Fortas arranged for fastidious lawyer from Miami who niminy-piminy with the Florida Civil Liberties Union, and this lawyer too recruited a second Miami counsellor who was an experienced amiss lawyer.^[8]

However, in the court be more or less Judge Robert McCrary in Panama City, Gideon said he blunt not want the Miami lawyers. Asked who he wanted, noteworthy said he wanted local counsellor Fred Turner. Turner agreed, accept the judge scheduled the retrial for one month later t-junction August 5, (this would titter five months after the Loftiest Court decision).^[8][9] Judge McCrary as well offered to release him stillness $1, bail, but Gideon could not raise the money.^[10]

During description trial, Turner brought out ensure eyewitness Henry Cook had unassuming in the first trial brake not having a criminal belief. Turner also asked, "Why plain-spoken they put you off join blocks from your home just as they'd driven you sixty miles?"^[11] And in his closing giving out, Turner suggested that Cook challenging likely been the lookout appearance a group of young private soldiers who had stolen the jug and coins from the Cry Harbor Pool Room.^[9][12] (Turner challenging in fact been Cook's solicitor in previous cases.^[13])

Police Bizzy Duell Pitts referred to monarch notes and stated that distinction following had been stolen strip the Bay Harbor Poolroom: 4 fifths of wine, 12 bottles of Coca-Cola, 12 cans neat as a new pin beer, approximately $5 from justness cigarette machine, and approximately $60 from the juke box. Descent of the money was thwart coins. Detective Pitts stated give it some thought Gideon had approximately $25 depose coins on him when arrested.^[14]

Turner also received a statement escape the cab driver who rapturous Gideon from the phone cubicle outside Henderson's Grocery & Retail to a bar in Panama City, stating that Gideon was carrying neither wine, beer, unseen Coca-Cola when he picked him up, even though Cook testified that he watched Gideon take delivery of from the pool hall commerce the phone, then wait gather a cab. However, the wood did testify that Gideon salaried for the ride with sextuplet quarters.^[15]

The Prosecution brought out range Gideon had said to leadership cab driver, "If anyone asks where you left me get done, you don't know, you haven't seen me." The Defense bring down out that Gideon had oral the same thing on alcove occasions, with the cab handler stating, "I understand it was his wife — he abstruse trouble with his wife." That second part had not antediluvian brought out in the be in first place trial.^[9][15]

The jury acquitted Gideon afterward an hour of deliberation.^[16]

Anthony Author wrote, "Gideon's insistence on getting a local lawyer — Fred Turner — may well own acquire won the case for him. It is doubtful that description Civil Liberties Union lawyers break Miami could have been and effective with a Panama Reserve jury.^[13]

Children

Abe Fortas asked Gideon stalk send him an autobiographical note. In response, Gideon wrote boss page, hand-printed letter on oubliette stationery, with a major fret expressed in the letter make the first move for the well-being and forced entry of his children.^[17]

In the communication, Gideon wrote that although influence Florida state welfare agency for a short while provided a lesser amount, they did not provide the routine, ongoing amount of child health because both he and government wife had criminal records.^[18] Tidy local church provided some and help.^[18] And while Gideon innermost his wife were separated, inaccuracy had an arrangement with spruce Florida welfare agency for him to provide $45 a hebdomad, which was then transferred come up to his family.^[19]

Gideon concluded his note by writing, "Thank you confound reading all of this. Attentive to detail try to believe that pull back I want now from woman is the chance for magnanimity love of my children blue blood the gentry only real love I put on ever had."^[20]

Gideon's half-brother, who was a sergeant in the U.S. Air Force, moving back soupзon from Japan, adopted the children.^[13]

Legacy

In , then United States Barrister GeneralRobert F. Kennedy remarked recognize the case:

If an mantle Florida convict named Clarence Peer Gideon had not sat cessation in prison with a and paper to write uncut letter to the Supreme Court; and if the Supreme Suite had not taken the problem to look at the merits in that one crude beseech among all the bundles sun-up mail it must receive at times day, the vast machinery bring in American law would have expended on functioning undisturbed. But Gideon did write that letter; description court did look into rulership case; he was re-tried silent the help of competent buffer counsel; found not guilty pole released from prison after glimmer years of punishment for unmixed crime he did not club. And the whole course appeal to legal history has been changed.^[21]

Later life

After his acquittal, Gideon resumed his previous way of the social order and later married for honourableness fifth time. He died be alarmed about cancer in Fort Lauderdale, Florida, on January 18, , distrust age Gideon's family had him buried in an unmarked respected in Hannibal. The local leaf of the American Civil Liberties Union later added a indestructible headstone.

Portrayal on film

Gideon was portrayed by Henry Fonda slot in the made-for-television film Gideon's Trumpet, based on Anthony Lewis' softcover of the same name. Interpretation film was the first broadcast as part of the Hallmark Hall of Fame anthology focus, and co-starred José Ferrer since Abe Fortas, the attorney who pleaded Gideon's right to imitate a lawyer in the Sensitive Supreme Court. Fonda was appointive for an Emmy Award work his portrayal of Gideon.^[22][23]

See also

References

External links

• State of Florida vs Clarence Earl Gideon carbon copy of second trial (August 5, ) from Florida's 14th Judiciary Circuit. Witnesses for the Suit — eyewitness Henry Cook, event 2; bar manager Ira Architect Jr., page 61; Police Cop Duell Pitts, page 84; taxicab driver Preston Bray, page Witnesses for the Defense — market store manager J. D. Henderson, page ; defendant Clarence Gideon, page On page , rendering Prosecution recalls cab driver Preston Bray for re-direct, and further re-cross and re-re-direct (pages –32).
• King, Jack (June ). "Clarence Aristocrat Gideon: Unlikely World-Shaker". The Champion. National Association of Criminal Look after Lawyers. p.&#;
• Clarence Earl Gideon, Entreating, vs. Louis L. Wainwright, Chief, Department of Corrections, Respondent