1. Selena McClure Period 3rd The Right to An Attorney
Attorney on Deck
Selena McClure
Period 3rd
The Right to An Attorney

2. Smith Betts was charged with robbery
Smith Betts was charged with robbery. He couldn’t afford an attorney, so he requested the judge to appoint one to him. The judge denied his request, which caused Betts to represent himself, and lead to a guilty verdict.
He filed a writ of habeas corpus to the Court of Appeals of Maryland and his petition was denied. Finally he filed a certiorari to the Supreme Court
The precedent of this case was that states are allowed to determine when a lawyer is needed for the defense.
Justice Owen Robert believes that the right to an attorney is only preventing the state from interfering in the defendant’s request for representation instead of requiring the state to provide a counsel.
The sixth amendment was reviewed by the SCOTUS
His case was overruled due to the famous case Gibeon v. Wainwright
Betts v. Brady (1942)

3. Clarence Gideon was charged with felony in Florida State Court for breaking and entering a poolroom in the intent of committing a misdemeanor offense. Gibeon requested for an attorney but because of Florida’s state law, which states that an attorney can only be appointed to indigent defendant in capital cases, so he was denied access to an attorney.
He spend many hours in the prison library studying and reading the law. He wrote a petition to the Florida Supreme Court stating his 6th Amendment was violated, and his petition was dismissed. Then he wrote to the SCOTUS they agreed to hear is case.
Justice Hugo Black delivered the opinion of the 9-0 majority and the Court believed that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to afford a counsel on their own.
The case was overruled due to the sixth amendment.
Gideon v. Wainwright (1963)

4. Danny Escobedo was arrested and taken to the police station to be questioned for the murder of his sister-in- law. He requested to his lawyer but was denied by the police officer. Due to him not being able to see his attorney and him being questioned for more than 14 hours he ended up confessing the murder
Escobedo wrote a petition and was granted to be heard in front of Illinois State Court.
The sixth and fifth amendment were reviewed
The court ruled in Escobedo’s favor.
Justice Goldberg stated that Escobedo wasn’t informed of his constitutional rights, that he had the right to remain silence instead of incriminating himself.
Escobedo v Illinois(1964)

5. Pointer was charged with robbery, he testified on his own case
Pointer was charged with robbery, he testified on his own case. The judge overruled the case because Pointer was presented at the preliminary hearing and was convicted for murder. The state presented testimony transcript, which was the witness admitting that he heard Pointer talking about the robbery. Pointer believed that his sixth and fourteenth amendment was violated.
The verdict of SCOTUS was an unanimous decision for Pointer.
Pointer v Texas(1965)

6. Miranda was arrested in his home and taken to the station to be questioned. While at the police station he was identified by witnesses. The oral and written confession were presented to the court. Miranda was found guilty of kidnapping and raping. He wrote an appeal, to present his case to the Supreme Court of Arizona that Miranda’s constitutional rights were violated by obtaining the confession.
This case was a landmark decision which was a 5-4 decision. Now the police officer have to tell the suspect/defendant their rights before they’re being questioned.
Miranda v Arizona(1966)

7. Employees from a bank that got robbed, participated in identifying the robber in a lineup. They pointed at Wade, but the respondent’s attorney wasn’t present and he ended up getting convicted.
The court of appeals reversed his conviction and order a new trial. The court was not able to determine if the witness’s identification of the respondent should been excluded for evidence
The majority decision was a 5-4 ruling which is known as a split decision meaning that the court couldn’t come to full agreement.
United States v. Wade(1967)

8. Argersinger v Hamlin(1971)
Jon Argersinger was charged with carrying a concealed weapon. He had a bench trial and was convicted, sentenced to ninety days in jail. He wasn’t represented by an attorney.
Wrote a petition and was denied by Florida Supreme Court. Florida Supreme Court stated jury trials were not required for misdemeanors, then neither was a counsel.
Majority opinion by William douglas stated not being represented by a counsel may led the respondent to become the victim, due to the right of a fair trial and potential jail time. No matter how petty the chargers are the state is obligated to provide an attorney.
Fourteenth and sixth amendment was under review and the court ruled in Argersinger favor.
Argersinger v Hamlin(1971)

9. Anthony Faretta wanted to represent himself in court and the judge held a trial to determine whether he could defend himself. Faretta ended up being found guilty and was forced to accept a public defender while he was in jail.
Wrote an appeal to California Court of Appeal.
California Court of Appeal ruled that Faretta did have a right to an attorney.
Justice Stewart stated he had the right to refuse appointed counsel. The sixth and fourteenth amendment states that we have a right to be afforded attorney before being convicted and punished.
The court ruled that the state can’t constitutionally force an lawyer upon a petitioner because he voluntarily exercised his rights.
Faretta v. Calfornia(1975)

10. Sandra Craig, was a teacher and that was accused of sexually abusing a six year old. During the trial, the boy was able to testify against the teacher. The judge and jury viewed the testimony and in which it show the boy had emotional distress. They convicted Craig.
The ruling was a 5-4 decision for the state of Maryland.
Due to the child’s psychological and physical well-being, it outweighed the defendants’ right to face their accusers in court.
Craig v Maryland(1990)

11. Ventris and co-defendant were on trial for murder
Ventris and co-defendant were on trial for murder. The informer, planted a bug in the defendants cellphone, in which the defendant confessed the murder. The state violated the defendants sixth amendment by not allowing the defendant to have an attorney. Due to the evidence that was presented to the court.
The court decision was 7-2 for State of Kansas.
Justice Antonin Scalia stated that the court reasoned that the evidence was “tainted evidence” that outweighed by the need of the integrity of the case process.
Kansas v. Ventris(2008)

12. "Supreme Court Cases." Pearson Prentice Hall:. Web. 07 Feb. 2016.
"Law School Case Briefs | Legal Outlines | Study Materials." : Kansas v. Ventris Case Brief. Web. 15 Feb
"United States v. Wade." Casebriefs United States v Wade Comments. Web. 15 Feb
"Farretta v. California." Casebriefs Farretta v California Comments. N.p., n.d. Web. 15 Feb. 2016
“Miranda v. Arizona.”-Wikipedia, the Free Encyclopedia. N.p., n.d. Web. 15 Feb
"Betts v. Brady." Casebriefs Betts v Brady Comments. Web. 15 Feb
"Betts v. Brady." LII / Legal Information Institute. Web. 15 Feb
"Facts and Case Summary - Gideon v. Wainwright." United States Courts. Web. 15 Feb
"Kids." Escobedo V Illinois -. Web. 15 Feb
"FindLaw's United States Supreme Court Case and Opinions." Findlaw. Web. 15 Feb
Pointer v. Texas 380 U.S. 400 (1965)." Pointer v. Texas 380 U.S. 400 (1965). Web. 15 Feb
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