Gideon+vs.+Wainwright

Gideon vs Wainwright

Gideon was charged for breaking and enteringin 1963. The Florida State Council refused to give Gideon counsel so Gideon conducted his own defense. Gideon filed a habeas corpus petition in the Florida Supreme Court claming that his constitutional rights had been abridged. This case deals with the sixth and fourteenth amendment. The sixth amendment gives citizens the right to a speedy and public trial. The Fourteenth amendment prohibits the states from denying or abridging the privileges of citizens. By Alan Chandler

Miranda Rhone //What amendment did this case deal with and what does it say? // The Gideon vs. Wainwright case deals wit the sixth and fourteenth amendments. The court would not give Gideon a lawyer, even though he couldn't afford one. The fourteenth amendment says that no state should make a law that takes away people's life, liberty, or property. The sixth amendment says that people have the right to a speedy and public trial. It also says that they are to be judged by an impartial jury. There can also be witnesses to speak against the accused, or have witnesses to speak in favor of the accused. The sixth amendment also says that people have the right to a lawyer. When Gideon was arrested, he asked for a lawyer because he couldn't afford to get one, but he was not given one.

//What is the background of the case? Summarize what happened! // Earl Gideon was charged with breaking and entering into a pool hall in Panama City, Florida. He stole money from the vending machines. At trial, he could not afford a lawyer, so he asked for one. He was not given one. He ended up being sentenced for five years, but he fought the decision. Gideon ended up being freed because the trial wasn't fair because he was not given a lawyer, even though he had the right to one.

//What was the final decision of the Supreme Court and why did they decide this? // The final decision of the Gideon vs. Wainwright court case was that Earl Gideon could be freed. He was let go because the trial was not fair that Gideon did not get a lawyer, even though the law is that people have the right to a lawyer. Earl Gideon was freed from his case.

**Name:** Michael Pelicci

**Date:** November 13, 2011

**Court Case:** Gideon vs. Wainwright

//**What amendment did this case deal with and what does it say?**//

<span style="color: #00000a; font-family: times new roman,serif;">The amendment that is involved in this court case is the sixth amendment, which is a speedy trial.

//**What is the background of the case? Summarize what happened!**//

<span style="color: #00000a; font-family: times new roman,serif;">What happened in this case was that Gideon broke into a Panama City pool house in Florida and stole money out of a vending machine. For thatGideon was sentenced five years of prison then he filed a hebeas corpus petition which is a petition for his release from unjust inprisonment, because he didn't have an atterny. He couldn't afford one and one wasn't given to him.

//**What was the final decision of the Supreme Court and why did they decide this?**//

<span style="color: #00000a; font-family: times new roman,serif;">The final decision was they let Gideon free. It would be double jepardy. If he had a lawer the first time he would have had to serve his five years in prison. <span style="color: #7030a0; font-family: 'Lucida Bright','serif'; font-size: 21px;">Dj Decker
 * //<span style="color: #7030a0; font-family: 'Lucida Bright','serif';">What amendment did this case deal with and what does it say? //**
 * <span style="color: #7030a0; font-family: 'Lucida Bright','serif'; font-size: 16px;">This case deals with the sixth amendment and the fourteenth amendment. This case deals with the sixth amendment because it says the right to a fair speedy trial, this was violated because Gideon could not afford a lawyer and they told him it didn’t matter because he was capable of defending himself and therefore would not be given the lawyer, making it not fair. This case also deals with the 14th amendment because it says in the 14th amendment the government can not take away a persons life, liberty or property without a fair trial. **


 * //<span style="color: #7030a0; font-family: 'Lucida Bright','serif';">What is the background of the case? Summarize what happened! //**
 * <span style="color: #7030a0; font-family: 'Lucida Bright','serif'; font-size: 16px;">Clarence Earl Gideon was charged by the florida state with breaking and entering into a poolroom to commit a misdemeanor. The court wouldn’t give him a lawyer, because he couldn’t afford one. The court said that he didn’t need one and that he could defend himself because he did not have special needs.He was found guilty and was sentenced 5 years. He didn’t agree so he petitioned to the supreme court and got a trial. **


 * //<span style="color: #7030a0; font-family: 'Lucida Bright','serif';">What was the final decision of the Supreme Court and why did they decide this? //**
 * <span style="color: #7030a0; font-family: 'Lucida Bright','serif'; font-size: 16px;">They decided that he was not gulity because he was not provided a lawyer and therefore not following the sixth amendment and the fourteenth amendment and was set free. **