Gideon Vs Wainwright Case Study

Once again, Barker filed a motion to dismiss the indictment stating that his 6th amendment right to a speedy trial had be violated, but his motion was denied and was given a life sentence. Barker then filed an appeal against his conviction and this time the court affirmed, followed by a petition for habeas corpus, which was rejected. In the appeal trial, the Sixth Circuit Court of Appeals agreed with the District court in ruling that Barker had waived his right to a speedy trial since he showed no interest in his trial being postponed and did not object to his continuances. The court also held that no prejudice resulted and that the delay reasons were

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

He then went on to write to the United States Supreme Court, saying he had been denied counsel and his Sixth Amendment rights had been violated. The United States Supreme Court took his petition, and their decision was announced on March 18, 1963 that they ruled unanimously in favor of Gideon. Due to Gideon’s appeal,numerous other defendants were found to have had their Civil Rights violated. About 2000 individuals that had been convicted were freed in Florida alone as a result of the decision. Gideon’s case had another trial and he was acquitted and went on to resume his previous life.

He got a phone call and then he asked if his friend could go back to trial because he couldn’t read. So when he was going to go back to trial he said he wasn 't ready and that he wanted a different lawyer. So when he got another lawyer he went to trial and when the jury came back they said he was innocent. this case was important because clarence earl gideon didnt have a

Gideon v. Wainwright Clark, 1 Gideon v. Wainwright: The Right to Counsel Amber Clark Liberty High School 2A Gideon v. Wainwright was a Supreme Court case involving Clarence Earl Gideon, a man who received felony charges in the state of Florida for breaking and entering to commit a misdemeanor offense. The importance of this case lies in the Constitutional questions it dealt with, such as a citizen?s right to counsel, and the resulting decision that gave the right to counsel to all, at any court level. Gideon?s case was argued on January 15th, 1963.

As the trial came to a close end the jury announced that Clarence Earl Gideon was guilty, and was convicted five years in prison. While being in jail Gideon filed a petition before the Florida Supreme Court declaring that the State of Florida had proclaimed an unfair case trial by denying him his Sixth Amendment the Right to the Assistance of Counsel. The petition sent to the Supreme Court was denied. Next, Gideon did not fall back; he appealed his case to the U.S Supreme Court claiming that putting him on trial without a lawyer was unfair due to the fact that it denied him due process of law against the 14th Amendment. The U.S Supreme Court came to a conclusion to review Gideon’s case, which

On top of not being able to go before a judge, the official in charge at Ft McHenry even refused to give Merrymans possessions back to him. Federal Judge Roger Taney who at the time was the chief justice of the supreme court, issued a ruling that it wasn't President Lincoln's place to suspend Habeas Corpus. Taney stated that it was the Congress’s job to suspend this right, but Abraham did not have time to wait for the congress. Congress was not in session at the time that the executive decision had to be made, so Abraham had to do what needed to be done. President Lincoln, knowing that this law must be suspended right away, ignored Taney.

The book Celia, a slave, was written by Melton McLaurin to show the horrors of slavery in America during the slavery periods and thus, provide insight into the dark times of the slavery encouraging America of the time. In the book McLaurin expertly explores the topic of sexual exploitation of slaves by narrating the case of Celia, a slave that was convicted of the murder of her owner. Celia was only fourteen years old when she was bought as a slave for her owner who at the time had five other slaves. At the time owning of slaves was the apex of wealth, and her owner who happened to be rich by the standards of the time could afford to have five slaves. Robert Newsom, who bought Celia, started sexually abusing her on the day she was purchased

He did not have a lawyer for his trial because he could not afford one, so he went to court representing himself. The Florida state law, stated that an attorney may only be appointed to an defendant in capital cases, so in that case the trial court did not appoint a attorney to Gideon. He presented witnesses in his own defense, declined to testify himself, and made arguments emphasizing his innocence in trial. Despite his efforts, Gideon eventually lost his case while representing himself, so he was found guilty and went to prison for five years in the state of Florida. Gideon proposed a handwritten court petition for his case.

On January 15, 1963, the Supreme Court heard oral arguments in Gideon v. Wainwright. Abe Fortas, a Washington, D.C., attorney, and future Supreme Court justice, represented Gideon for free before the high court. He eschewed the safer argument that Gideon was a special case because he had only had an eighth-grade education level. Instead, Fortas asserted that no defendant, however competent or well educated, could provide an adequate self-defense against the state and that the U.S. Constitution ensured legal representation to all defendants charged with felonies. Two months later the court unanimously ruled that the denial of an attorney violated the Fourteenth Amendment, which guarantees due process.

Before the Sixth Amendment was created, the victim nor the accused were not represented by a lawyer, instead they represented themselves. This proved to be a faulty system, which is why they added the Amendment. Some would argue

He appealed his case to the Supreme Court and they accepted. They declared that the rule that an attorney must be provided to someone if the needed one was constitutional. Gideon was tried again and was defended by an attorney provided to him by the state of Florida. He won the case and set the

Defendants take advantage of the plea bargain system in an intriguing manner - by challenging the effectiveness of their own attorneys. In Strickland v. Washington, the U.S. Supreme Court outlined a two-pronged test to describe what it means for counsel to be considered ineffective under the Sixth Amendment. First, the person seeking relief must be able to demonstrate that counsel’s performance was defective. Further, they must prove that the deficiency of counsel directly deprived the defendant of a fair trial (Strickland v. Washington, 1984).

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.

I have chosen cases Gideon v. Wainwright and Miranda v. Arizona Podcast to expand on. In the case Gideon v. Wainwright, Clarance Earl Gideon was a man that didn’t have a very long education, he went until eighth grade and then ran away from home while in middle school. All of his early adult life he spent going in and out of prisons for crimes that weren’t even considered violent. Clarance was then accused of breaking and entering, stealing money out of the vending machines in Panama City, Florida. In his trial, Mr. Gideon requested that an attorney be appointed to him seeing as he could not afford one, the judge of his trial then told him attorneys only get provided for those whose cases would result in the death penalty if they were to be