GIDEON V. WAINWRIGHT, 372 US 335 (1963)

In 1963, Clarence Gideon was charged with breaking and entering in Florida. Gideon was unable to afford a lawyer, so he requested the court appoint one for him. At that time Florida law only allowed for the appointment of an attorney for indigent defendants for capital cases. The trial court refused to appoint an attorney, so Gideon represented himself and he was convicted and sentenced to 5 years in prison. Gideon filed a habeas corpus petition in the Florida Supreme Court, arguing that the trial court’s decision violated his constitutional right to be represented by counsel. The Florida Supreme Court denied habeas corpus relief, and he appealed that decision to the United States Supreme Court.

The Supreme Court held, in a unanimous decision, that the Constitution requires state courts to appoint attorneys for defendants who could not afford to retain counsel on their own.

The Court reasoned that the Sixth Amendment’s guarantee of counsel is a fundamental and essential right. The Sixth Amendment guarantees those accused of a crime the right to the assistance of counsel in all criminal prosecutions and requires courts to provide counsel for defendants unable to hire counsel unless the right was competently and intelligently waived.

Craig A. Greening Avatar

Craig A. Greening

Attorney Texas State Bar, ACS-CHAL Forensic Lawyer-Scientist, Board Certified Specialist in Criminal Trial Law

Mr. Greening has been practicing law for over 20 years, and during this time, he has earned a reputation as an aggressive litigator and fierce advocate.

Craig Greening has in-depth knowledge of the criminal justice system as a former prosecutor and unique insight into the latest defense strategies as a Board Certified Specialist in Criminal Trial Law. To each case – he brings his high-powered legal advocacy and an unwavering pursuit of the best possible outcome.

Areas of Expertise: Criminal Defense, Alcohol Offenses, DWI, Domestic Violence, Drug Crimes, Expunction, Federal Crimes, Student Defense, Sex Crimes, Theft, Violent Crimes, White-Collar Crime
 
 

Leave a Reply

Your email address will not be published. Required fields are marked *