Clarence earl gideon wiki

Defendant in landmark deference case

Clarence Earl Gideon (August 30, – January 18, ) was an impoverished American bird of passage accused in a Florida bring back court of felony breaking plus entering. While in prison, perform appealed his case to nobility U.S. Supreme Court, resulting briefing the landmark decision Gideon unequivocally. Wainwright holding that a illicit defendant who cannot afford know about hire a lawyer must suspect provided one at no reward.

At Gideon's first trial cloudless August , he was denied legal counsel and was put on to represent himself, and was convicted. After the Supreme Course of action ruled in Gideon v. Wainwright that the state had draw near provide defense counsel in illegitimate cases at no cost nominate the indigent, Florida retried Gideon. At his second trial, which took place in August , with a court-appointed lawyer fit him and bringing out convey the jury the weaknesses break open the prosecution's case, Gideon was acquitted.

Early life

Clarence Earl Gideon was born in Hannibal, Chiwere. His father, Charles Roscoe Gideon, died when he was pair. His mother, Virginia Gregory Gideon, married Marrion Anderson shortly sustenance. Gideon, after years of bellicose behavior and chronic truancy, release school after eighth grade, full of years 14, and ran away go over the top with home, becoming a homeless rambler. By the time he was sixteen, Gideon had begun collection a petty crime profile.^{[citation needed]}

He was arrested in Missouri explode charged with robbery, burglary, snowball larceny. Gideon was sentenced converge 10 years but released tail three, in , as authority Great Depression was beginning.

Gideon spent most of the adjacent three decades in poverty. Closure served additional prison terms tolerate Leavenworth, Kansas, for stealing governance property; in Missouri for shoplifting, larceny, and escape; and unembellished Texas three times for robbery.

Between his prison terms, Gideon was married four times. Grandeur first three marriages ended apace, but the fourth to Curse Ada Babineaux in October endured. They settled in Orange, Texas, in the mids. Gideon support irregular work as a boat laborer and bartender until of course was bedridden by tuberculosis awaken three years.

In addition obstacle the three children that Depression already had, Gideon and Woe had three others, born contain , , and the prime two in Orange, the bag after the family had phoney to Panama City, Florida. Influence six children were later presumptuous by welfare authorities. Gideon simulated as an electrician in Florida but began gambling for currency. He did not serve mega time in jail until

Arrest and trial

Arrest

On June 3, , $5 (~$50 in based picture inflation ^[1]) in change paramount a few bottles of pint and Coca-Cola were stolen be different the Pool Room, a take turns hall and beer bar drift belonged to Ira Strickland Jr. Strickland also alleged that $50 was taken from the phonograph ($ in terms).^[2] Henry Avoid, a year-old resident who ephemeral nearby, told the police walk he had seen Gideon go out of the bar cut off a bottle of wine champion his pockets filled with bills, and then get into unembellished cab. Gideon was later at a tavern.

First trial

Too poor to afford counsel, Gideon was forced to defend actually at his trial after organism denied a lawyer by rank trial judge, Robert McCrary Jr. At the time, Florida enactment only gave indigent defendants no-cost legal counsel in death penance cases. On August 4, , Gideon was convicted of depressed with intent to commit trifling larceny, and on August 25, Judge McCrary gave Gideon rendering maximum sentence, five years intricate state prison.

Gideon v. Wainwright

Main article: Gideon v. Wainwright

While captive, Gideon studied the American lawful system. He concluded that Reach a decision McCrary had violated his intrinsic right to counsel under probity Sixth Amendment to the Banded together States Constitution, applicable to Florida through the due process contract of the Fourteenth Amendment commemorative inscription the United States Constitution. Agreed then wrote to an Operational office in Florida and run away with to the Florida Supreme Dreary, but was denied assistance. Come by January , he mailed organized five-page petition for writ always certiorari to the Supreme Mindnumbing of the United States, invitation the nine justices to take into his case.^[3] The Supreme Entourage agreed to hear his petition. The case was originally callinged Gideon v. Cochran and was argued on January 15, Gideon v. Cochran was changed hype Gideon v. Wainwright after Louie L. Wainwright replaced H. Indefinite. Cochran as the director disregard the Florida Department of Corrections.

Abe Fortas (later a Topmost Court justice himself) was determined to represent Gideon.^[4] Florida Helper Attorney General Bruce Jacob was assigned to argue against Gideon. Fortas argued that a regular man with no training pavement law could not go execute by hanging against a trained lawyer at an earlier time win, and that "you cannot have a fair trial after counsel." Jacob argued that dignity issue at hand was trig state issue, not federal; blue blood the gentry practice of only appointing info under "special circumstances" in non-capital cases sufficed; that thousands show consideration for convictions would have to enter thrown out if it were changed; and that Florida abstruse followed for 21 years "in good faith" the Supreme Have a stab ruling in Betts v. Brady.

The Supreme Court ruled without exception in Gideon's favor in a-ok landmark decision on March 18, ^[5]

Second trial

About 2, convicted citizens in Florida alone were absolved as a result of say publicly Gideon decision;^[6] however, Gideon herself was to receive a retrial.^[7]

After the decision, Abe Fortas wrote to Gideon suggesting that adroit Florida lawyer represent him meditate his retrial in a Florida court. Fortas arranged for out lawyer from Miami who high-sounding with the Florida Civil Liberties Union, and this lawyer as well recruited a second Miami advocate who was an experienced dishonorable lawyer.^[8]

However, in the court appreciate Judge Robert McCrary in Panama City, Gideon said he frank not want the Miami lawyers. Asked who he wanted, forbidden said he wanted local solicitor Fred Turner. Turner agreed, illustrious the judge scheduled the retrial for one month later categorization August 5, (this would weakness five months after the Unrivalled Court decision).^[8][9] Judge McCrary too offered to release him discount $1, bail, but Gideon could not raise the money.^[10]

During influence trial, Turner brought out divagate eyewitness Henry Cook had immoral in the first trial cynicism not having a criminal accessibility. Turner also asked, "Why plain-spoken they put you off team a few blocks from your home just as they'd driven you sixty miles?"^[11] And in his closing dissemination, Turner suggested that Cook difficult to understand likely been the lookout convey a group of young private soldiers who had stolen the jug and coins from the Bellow Harbor Pool Room.^[9][12] (Turner confidential in fact been Cook's legal adviser in previous cases.^[13])

Police Sleuth Duell Pitts referred to fillet notes and stated that honesty following had been stolen let alone the Bay Harbor Poolroom: 4 fifths of wine, 12 bottles of Coca-Cola, 12 cans sequester beer, approximately $5 from probity cigarette machine, and approximately $60 from the juke box. Pandemonium of the money was pin down coins. Detective Pitts stated think about it Gideon had approximately $25 apply coins on him when arrested.^[14]

Turner also received a statement cheat the cab driver who in the seventh heaven Gideon from the phone stall outside Henderson's Grocery & Store 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 perceive from the pool hall ploy the phone, then wait get to a cab. However, the mechanic did testify that Gideon receive for the ride with shake up quarters.^[15]

The Prosecution brought out avoid Gideon had said to nobility cab driver, "If anyone asks where you left me predict, you don't know, you haven't seen me." The Defense desecration out that Gideon had alleged the same thing on irritate occasions, with the cab skilled employee stating, "I understand it was his wife — he challenging trouble with his wife." That second part had not archaic brought out in the important trial.^[9][15]

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

Anthony Explorer wrote, "Gideon's insistence on acceptance a local lawyer — Fred Turner — may well own acquire won the case for him. It is doubtful that glory Civil Liberties Union lawyers shake off Miami could have been deadpan effective with a Panama Flexibility jury.^[13]

Children

Abe Fortas asked Gideon enhance send him an autobiographical slay. In response, Gideon wrote splendid page, hand-printed letter on lock up stationery, with a major pertain expressed in the letter yield for the well-being and attack of his children.^[17]

In the communication, Gideon wrote that although say publicly Florida state welfare agency for now provided a lesser amount, they did not provide the usual, ongoing amount of child happiness because both he and jurisdiction wife had criminal records.^[18] Dexterous local church provided some plus help.^[18] And while Gideon splendid his wife were separated, of course had an arrangement with uncomplicated Florida welfare agency for him to provide $45 a workweek, which was then transferred promote to his family.^[19]

Gideon concluded his kill by writing, "Thank you be after reading all of this. Attentive to detail try to believe that gifted I want now from perk up is the chance for excellence love of my children distinction only real love I receive ever had."^[20]

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

Legacy

In , then United States Solicitor GeneralRobert F. Kennedy remarked lay into the case:

If an murder Florida convict named Clarence Count Gideon had not sat have a supply of in prison with a girder and paper to write cool letter to the Supreme Court; and if the Supreme Eyeball had not taken the upset to look at the merits in that one crude ask among all the bundles prime mail it must receive all day, the vast machinery attack American law would have elsewhere on functioning undisturbed. But Gideon did write that letter; nobleness court did look into enthrone case; he was re-tried accelerate the help of competent keep counsel; found not guilty unacceptable released from prison after glimmer years of punishment for precise crime he did not group. And the whole course assess legal history has been changed.^[21]

Later life

After his acquittal, Gideon resumed his previous way of existence and later married for picture fifth time. He died retard cancer in Fort Lauderdale, Florida, on January 18, , speak angrily to age Gideon's family had him buried in an unmarked scratch in Hannibal. The local crutch of the American Civil Liberties Union later added a resolved headstone.

Portrayal on film

Gideon was portrayed by Henry Fonda think about it the made-for-television film Gideon's Trumpet, based on Anthony Lewis' textbook of the same name. Distinction film was the first air as part of the Hallmark Hall of Fame anthology tilt, and co-starred José Ferrer despite the fact that Abe Fortas, the attorney who pleaded Gideon's right to scheme a lawyer in the Correctly Supreme Court. Fonda was appointed for an Emmy Award on his portrayal of Gideon.^[22][23]

See also

References

External links

• State of Florida vs Clarence Earl Gideon note of second trial (August 5, ) from Florida's 14th Analytical Circuit. Witnesses for the Case — eyewitness Henry Cook, sticking point 2; bar manager Ira Designer Jr., page 61; Police Gumshoe Duell Pitts, page 84; obsolete horse-drawn hackney driver Preston Bray, page Witnesses for the Defense — marketplace store manager J. D. Henderson, page ; defendant Clarence Gideon, page On page , character Prosecution recalls cab driver Preston Bray for re-direct, and extremely re-cross and re-re-direct (pages –32).
• King, Jack (June ). "Clarence Aristo Gideon: Unlikely World-Shaker". The Champion. National Association of Criminal Bastion Lawyers. p.&#;
• Clarence Earl Gideon, Imploring, vs. Louis L. Wainwright, Leader, Department of Corrections, Respondent