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Gideon v. wainwright summary facts for kids
Gideon v. wainwright summary facts for kids
Gideon v. wainwright summary facts for kids
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Russ Siadatian L201 11:15AM 4/20/2014 Gideon v. Wainwright 1. Case name; Court (year) a. Clarence Earl Gideon V. Louie Wainwright, Supreme Court of Florida State(1963) 2. Issue(s) a. Does Gideon have the 6th Amendment right to have legal counsel appointed to him, made obligatory to the states by the 14th Amendment, when he can not afford one? 3. Holding (vote) a. Yes (9-0) 4. Facts: Substantive - Gideon broke into a poolroom with the intent to commit a misdemeanor, which is a felony under Florida Law. He was charged, and came to court without money to provide a lawyer. The Courts denied his request to counsel on the grounds that this is only provided for capital offenses, and therefore, Gideon had to defend himself in Court. Procedural - Trial Court: Gideon was found guilty, and sentenced to five years in Sate Prison - Supreme Court: Reversed ( Gideon found not Guilty) 4. Reasoning a. The Trail Court found Gideon guilty, and Gideon filed for appeal in the Florida Supreme Court. The appeal was on the grounds that the Courts had failed to deny him his right to legal counsel guar...
Facts: On July 29,2003 Detective Jason Leavitt was doing his usually undercover work, dressed in all black with twenty on dollar bill hanging out his pocket. Leavitt was then approached by the Miller (defendant) asking him for money. The detective refused to give him the money, in return the appellant put his arm around the detective’s neck taking the cash out of his front pocket. The arrest time the pulled up and took Miller into custody and charged him with larceny. Miller was convicted, and sentenced by the district courts to spend up to thirty two months, but no less than 12 months in jail.
After pleading his case to the Supreme Court, Gideon proved that his rights had been infringed upon and was granted the opportunity for a lawyer to defend him. Not only did Gideon have a lawyer in this third trial, but his defense was solid as a rock. With a proper defense Gideon proved that without a doubt he was innocent. His lawyer also made the main witness look guilty himself, something Gideon would not have been able to do on his own. Having legal representation proved to be a major asset for Gideon and the have-nots, and that having a lawyer can change the decision on a case. In this situation, the have-nots came out on top
He was a mysterious unknown figure in the shadows; a slithering serpent in the courtroom. The defense attorney for the Scopes Monkey Trial was a cunning man. Clarence Darrow had difficulty defending his client, John T. Scopes, against his opponent, William Jennings Bryan. To everyone’s surprise however, he proved that he could prevail, even if he was under pressure from the world around him. Though Scopes was found guilty under Darrow, he surprisingly only had to pay a fine of one hundred dollars.
The case of Ford V. Wainwright is a Supreme court case of the United Stated argued in 1986. Alvin Bernard Ford is the plaintiff in this case, In 1974 he was convicted of murder in Florida and sentenced to death. In 1982 Ford began to show signs of a serious mental disorder. The Governor of Florida then appointed a panel of three psychiatrist to determine if Ford was component to understand the nature of the death penalty and the crime he had committed. All three psychiatrist disagreed on his exact diagnosis but agreed that he was sane and knew the nature of the death penalty. Ford’s attorney unsuccessfully sought a hearing in the state court for determination of his competency and then filed a hebeas corpus petition, which is a writ requiring a person to be brought before a judge or court especially for investigation of a restraint of the person’s liberty. The Florida courts denied his petition and signed a death warrant for Ford in 1984. Ford then sued Louie L. Wainwright, the defendant, who at the time of the case was the Secretary of the Florida Division of Correction.
sentenced to spend the rest of his life in prison. The case against him was largely
...d some publicity, and several lawyers were now handling his appeal,” (Furman v. Georgia). The first step was the Georgia Supreme Court. The court unanimously voted to uphold the lower court’s decision of the death penalty. The Chief Justice, W. H. Duckworth, gave Furman time to petition to the US Supreme Court before the execution was finalized. The Supreme Court approved. And thus, the official Furman v. Georgia case had begun. “I admit going to these folks' home and they did caught me in there and I was coming back out, backing up and there was a wire down there on the floor. I was coming out backwards and fell back and I didn't intend to kill nobody . . . The gun went off and I didn't know nothing about no murder until they arrested me, and when the gun went off I was down on the floor and I got up and ran. That's all to it,” (Official Supreme Court Transcript).
George Atzerodt did not have a fair trial. Some people might say that the trial was fair. Consequently his trial was not fair was because it was a time of war so the trial had military officer. The military officer were from the union and George Atzerodt was from the confederate. This made the trial unjust because the military officer were union biased and they wanted George Atzerodt to lose. Another reason why the trial is unfair was because the trial conducted by the said Judge Advocate General as recorder aided by Assistant and Special Judge Advocate as he made designate. The
At his trial Gideon could not afford a lawyer, so he asked the judge to appoint him one, Gideon argued that the Court should appoint him one because the Sixth Amendment says that everyone is entitled to a lawyer. The judge turned down his request, saying that the state did not have to pay a poor person's legal defense unless he was charged with a capital crime or that "special circumstances" existed. Gideon was left to represent himself in court.
Clarence Earl Gideon asked for an attorney when tried and found guilty of a minor offense, he was then denied, found guilty and sentenced to five years in prison. The perspective is entirely focused on the legal issues surrounding the case, and it gives an overall look at societal and legal trends during the 1960s. The final chapter is utilized to make a general statement about the role of the Supreme Court in American society. Lewis concludes the book with an argument that he makes in the beginning of the book, his belief that the Court both reinforces and shapes the values of society. Like the case, Gideon’s Trumpet is an instrumental to American society. It can be argued however, that the work may be too dense. At 250 pages it includes multiple court cases, examples, Supreme Court cases and rulings from around the world. There are aspects that humanize the story, like Gideon’s original hand-written petition to the Court (p. 4), Gideon’s letter to his attorney telling the story of his life (p. 47-58), Gideon’s life as described in chapter seven (p. 100-106). It is an interesting read on the appellate process and is very much educational and
Clarence Earl Gideon was arrested in 1961 and charged with breaking and entering a pool hall with intent to commit theft, by taking money out of vending machines. What he did at the time was considered a felony. When it came time to have the trial he did not have enough money for a lawyer and asked that one be appointed to defend him. The judge denied the request saying that under Florida state law counsel can be appointed only in a capital offense. Since Gideon didn’t have a lawyer and was not educated to defend himself he lost easily to the prosecution. Gideon was then sentenced to five years in prison. He then filed out a writ of certiorari, which is a petition of appeal to the Supreme Court of the United States asking for them to review his case. The Court granted Gideon's request and appointed Abe Fortas to represent him as his lawyer.
On the morning of January 8th 1962, the Supreme Court received mail from prisoner 003826 of Florida State Prison, also known as Clarence Earl Gideon. In the envelope contained a hand written letter with questionable grammar from Gideon claiming that he was denied a fair trial due to the absence of a lawyer. Gideon’s writ of certiorari was an in forma pauperis petition or pauper’s petition. Due to the fact that most paupers’ petitions are from inmates who do not have the legal means to properly file a certiorari, the Court had special methods of handling cases such as Gideon’s. Paupers’ petitions according to Justice Frankfurter were “almost unintelligible and certainly do not present a clear statement of issues necessary for our understanding”(Lewis 35). It is reasonable to assume that the Court would not spend an exorbitant amount of time going through mounds of paupers’ petitions trying to find a case that seemed presentable. Statistically, about thirteen percent of petitions for certiorari on the regular docket are paupers’ petitions. In addition, only three percent of paupers’ petitions end up being granted. Nevertheless, Gideon’s case was treated just as equally as any other in forma pauperis case. Gideon’s handwritten documents were held for a month until Florida authorities replied to petition. A month passed by and Gideon’s petition was mailed to the office of Chief Justice Earl Warren in 1962. A conference was held in June to discuss whether or not Gideon’s petition should be granted. Gideon’s case was granted three days after the conference and from that day forward Gideon’s fight for justice would ensue. In the eyes of Gideon, an attorney was a fundamental right of due process. However, his biggest ch...
Blackburn was candid that most of his clients were “in the (drug) life at some level” and many of them had prior arrests. For instance, Billy Wafer, was on probation for possession of marijuana at the time when he was accused of selling cocaine to Coleman. “I ain’t an angel but I’ve never sold drugs,” said Wafer. Wafer, unlike most of the other defendants, had his charges dropped because he had a rock solid alibi with time cards from his job. Also, his supervisor testified verifying he was at work when Coleman claimed he sold him cocaine.
... to 360 months in prison. This case was considered ineffective assistance of counsel for one reason, which was counsel prejudice advice to client to reject a plea offer. In order for Cooper to show his Sixth Amendment was violated, he would have to show three things: (1) The ineffective advice, and that the plea offer would have been present to the courts, (2) the courts would have accepted the terms, and (3) the conviction sentence would be less than the actual judgment and sentence imposed. The outcome in this case changed how the plea bargaining system works. Defendants in criminal proceedings have a Sixth Amendment right to effective assistance of counsel during plea negotiations meaning when the prosecutors offers a plea the defendant is entitled to be there so if he or she rejects the plea they know its actually coming from the defendant and not his attorney.
The book raises the importance of, and questions, the writ of habeas corpus. Carter used a writ of habeas corpus to get a federal trial. Many question the legality of Carter going into federal jurisdiction, when his case should have been heard before the Supreme Court of New Jersey. It was a gamble, but the federal judge gave fair justice to Carter and Artis. The State of New Jersey appealed the case all the way to the United States Supreme Court, which upheld the District Court’s ruling.