Presentation on theme: "Landmark Supreme Court case: Gideon V. Wainwright"— Presentation transcript:
1Landmark Supreme Court case: Gideon V. Wainwright Gideon’s TrumpetLandmark Supreme Court case:Gideon V. Wainwright
2Clarence E Gideon 51 year old white male Four previous felony convictionsProclaimed gambler/thiefConsidered harmless/likeable
3CaseClarence 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.
4Gideon V. Cochran Gideon writes an appeal to the supreme court He states that he asked for and was refused an attorney at his trialHe says the Bill of Rights allows him an attorney and his rights were violated.
5Gideon V. CochranGideon writes his appeal to the S.C. in forma pauperisRule 53:Only one copy of petitionCan be handwrittenAllowances for errors
6Gideon V. CochranThe 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
7Rules for hearing appeals Must have a federal questionMust raise the claim at the earliest possible moment in the trialMust follow the state appeals processMust meet all state and federal deadlinesGideon met all the requirements
8Pertinent CasesMarbury 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.
9Pertinent CasesBaaron v. Baltimore- Marshall opinion the Bill of Rights only extended to federal government- not the states. Practice of judicial restraintAdamson v. Calif.- the 14th amendment does not apply to the states and incorporates the Bill of Rights.
10Pertinent CasesPowell 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.1st time Supreme Court overturned State conviction for unfair trial procedures, capital crime, agitated community, helpless defendants, all components.
11Pertinent CasesHudson 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 14th amendment applies to all states
12Pertinent CasesGriffin v. Illinois (1956) courts must send trial transcripts to appeals courts when requested. Equal justice by 14th amendment requires that poor not have to pay for the transcripts even in state cases.
13Pertinent CasesBetts V Brady- court said that counsel would be provided in all federal felony cases.State felony cases by special circumstancesIlliteracy -IgnoranceYouth or mental instabilityInappropriate court behavior- prosecutor or judgeComplex charges -Prejudice
15The Supreme Court Procedures Friday Conference-deals with 100 issues and many are decided before the meetingChief Justice presides- states opinion on issueEach justice by ranking order gives opinion
16The Supreme Court Procedures Vote in inverse order- rule of fourGrants hearingAssigns justice if necessarySolicitor general for United StatesAmicus curiae- briefs allow Supreme Court to determine public opinion.15 minutes to 1 hour to present case to court.
17Opinion Majority opinion: The agreement of the court Concurring: Agree with the majority opinion but for a different reasonDissenting: Disagree with the majority opinion.
18Gideon v. Wainwright Abe Fortas appointed for Gideon Uses the 14th amendment to incorporation of 6th into states.Bruce Jacob- Florida Attorney general tries to use 10th amendment to show 6th and 14th cannot be used on states.
19The Supreme Court Procedures Sit in conference on Fridays-Discuss all appeals up for review- writs and regular paid casesPaupers applications-if place on appellate docketConsider and vote on all cases heard the proceeding Monday thru Thursday.
20Gideon v. Wainwright Problems with case for Fortas: Betts laid precedent for special circumstancesJustices practice judicial restraintStare decisis is always best to judges
21Gideon v. Wainwright Problems for Jacob Court reversing all state decisions using BettsBetts not clearStates rights not clear
22Gideon 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?
23Gideon v. WainwrightCourt agreed that Gideon and everyone has the right to an attorney.Gideon case sent back to Florida for retrialDouble jeopardy does not exist for cases on appeal.Gideon found not guilty at retrial