Presentation on theme: "Gideon’s Trumpet Landmark Supreme Court case: Gideon V. Wainwright."— Presentation transcript:
Gideon’s Trumpet Landmark Supreme Court case: Gideon V. Wainwright
Clarence E Gideon 51 year old white male Four previous felony convictions Proclaimed gambler/thief Considered harmless/likeable
Case Clarence Earl Gideon was accused and found guilty of breaking and entering a poolroom and stealing coins from the vending machines, beer, and wine from the bar. Sentenced to the maximum sentence in a Florida court-5 years.
Gideon V. Cochran Gideon writes an appeal to the supreme court He states that he asked for and was refused an attorney at his trial He says the Bill of Rights allows him an attorney and his rights were violated.
Gideon V. Cochran Gideon writes his appeal to the S.C. in forma pauperis Rule 53: –Only one copy of petition –Can be handwritten –Allowances for errors
Gideon V. Cochran The Supreme Court hears a majority of cases on appeal- must have a federal question involved. Granted the writ of certiorari in Gideon V, Cochran. Cochran term ends- Wainwright takes over
Rules for hearing appeals Must have a federal question Must raise the claim at the earliest possible moment in the trial Must follow the state appeals process Must meet all state and federal deadlines Gideon met all the requirements
Pertinent Cases Marbury v. Madison- set up the process of judicial review- John Marshall chief justice. McCulloch v. Maryland- can the U.S. gov. set up a bank? Marshall opinion was yes and enlarged the power of the federal gov.
Pertinent Cases Baaron v. Baltimore- Marshall opinion the Bill of Rights only extended to federal government- not the states. Practice of judicial restraint Adamson v. Calif.- the 14 th amendment does not apply to the states and incorporates the Bill of Rights.
Pertinent Cases Powell v. Alabama (1932) 7 Scottsboro boys on trial for a fight on a train between whites and blacks. Scottsboro boys arrested, tried, and convicted of rape. Sentenced to death. 1 st time Supreme Court overturned State conviction for unfair trial procedures, capital crime, agitated community, helpless defendants, all components.
Pertinent Cases Hudson v. California (1960) Hudson needed counsel when co defendant changed plea to guilty- jury prejudiced. Mapp v. Ohio (1961) No illegally obtained evidence can be used at trial- including confessions. The 14 th amendment applies to all states
Pertinent Cases Griffin v. Illinois (1956) courts must send trial transcripts to appeals courts when requested. Equal justice by 14 th amendment requires that poor not have to pay for the transcripts even in state cases.
Pertinent Cases Betts V Brady- court said that counsel would be provided in all federal felony cases. –State felony cases by special circumstances –Illiteracy-Ignorance –Youth or mental instability –Inappropriate court behavior- prosecutor or judge –Complex charges-Prejudice
The Supreme Court Nine justices: –One Chief Justice –8 regular judges
The Supreme Court Procedures Friday Conference- –deals with 100 issues and many are decided before the meeting –Chief Justice presides- states opinion on issue –Each justice by ranking order gives opinion
The Supreme Court Procedures Vote in inverse order- rule of four Grants hearing –Assigns justice if necessary –Solicitor general for United States –Amicus curiae- briefs allow Supreme Court to determine public opinion. –15 minutes to 1 hour to present case to court.
Opinion Majority opinion: The agreement of the court Concurring: Agree with the majority opinion but for a different reason Dissenting: Disagree with the majority opinion.
Gideon v. Wainwright Abe Fortas appointed for Gideon Uses the 14 th amendment to incorporation of 6 th into states. Bruce Jacob- Florida Attorney general tries to use 10 th amendment to show 6 th and 14 th cannot be used on states.
The Supreme Court Procedures Sit in conference on Fridays- Discuss all appeals up for review- writs and regular paid cases Paupers applications-if place on appellate docket Consider and vote on all cases heard the proceeding Monday thru Thursday.
Gideon v. Wainwright Problems with case for Fortas: –Betts laid precedent for special circumstances –Justices practice judicial restraint –Stare decisis is always best to judges
Gideon v. Wainwright Problems for Jacob –Court reversing all state decisions using Betts –Betts not clear –States rights not clear
Gideon v. Wainwright Fortas- bottom line Did Betts give the Supreme Court more power over the states through case by case review? Does the case by case review violate the separate levels of government provided through Federalism?
Gideon v. Wainwright Court agreed that Gideon and everyone has the right to an attorney. Gideon case sent back to Florida for retrial Double jeopardy does not exist for cases on appeal. Gideon found not guilty at retrial