Writing Assessment -- Gideon v. Wainwright

Gideon v. Wainwright

At age fifty-one, Clarence Earl Gideon was a drifter, a petty gambler and an ex-convict.  He was the kind of person you might see camped under a railroad bridge or sitting on the sidewalk in the skid-row section of any town.  Despite his humble appearance, Gideon was destined to play a major role in U.S. Constitutional history.

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While Gideon was living in Panama City, Florida, a poolroom in a seedy section of town was burglarized.  The coin boxes of the jukebox and cigarette machine were emptied, and some beer and wine were taken.  The poolroom had been entered through a broken window.  Gideon lived across the street in a shabby hotel.  Acting on a tip from a man who had recently had an argument with Gideon, the police arrested Gideon and charged him with breaking and entering.

Gideon did not have a lawyer, and he had no money to hire one.  He asked the state of Florida to appoint a lawyer.  However, the judge ruled that this was not a capital case (one in which the defendant could get a death sentence), and therefore, Florida law did not require appointment of a defense attorney.  Gideon protested, but to no avail.

Gideon conducted his own defense without a lawyer.  He questioned the person with whom he argued, but failed to inquire about what the individual was doing out all night or what his motivations might have been for reporting Gideon.  He did not ask about the person’s reputation, which was not very good.  Gideon also questioned the other prosecution witnesses, the owner of the poolroom, and then presented eight defense witnesses.  However, Gideon’s questioning of these witnesses followed no coherent argument and did little to strengthen his defense.  Throughout the trial, Gideon simply stressed his own innocence.  The judge found Gideon guilty and sentenced him to five years in the state prison.

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Gideon submitted a writ of habeas corpus, but it was denied.  Refusing to accept what he felt was an unjust sentence, Gideon wrote and presented a pauper’s petition (from people who have no money and can’t afford the filing fee) to the U.S. Supreme Court.  He felt that his conviction violated Constitutional guarantees of council in his defense, as well as the “due process” clause of the 14th Amendment which states that state and local governments must provide Constitutional rights expressed in the Bill of Rights.  As a result, he had not been represented by a lawyer and had been sentenced to prison.  The U.S. Supreme Court appointed Abe Fortas, a prominent Washington attorney, who later became a Supreme Court justice, to argue Gideon’s case before the high court.