Preview

Gideon's Trumpet

Good Essays
Open Document
Open Document
5160 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Gideon's Trumpet
Chapter 1 describes Gideon�s claim to the Supreme Court (hereafter simply the Court).Gideon petitioned the Court in forma pauperis, in the manner of a pauper.An in forma pauperis petition exempts indigent plaintiffs without having to pay the normal fees associated with the petitioning the Court and also provides for wide discretion in the filing of affidavits for the Court.Lewis states that the Court�s �Rule 53 allows an impoverished person to file just one copy of a petition, instead of the forty ordinarily required, and states that the Court will make �due allowance� for technical errors so long as there is substantial compliance� (4).

From his initial filing to the Court, it appears as though Gideon made a substantial effort to comply with the standards set by the Court in regard to in forma pauperis petitions.Gideon�s application was written in pencil, but he included the affidavit required to proceed in forma pauperis and he appeared to have filed within the required 90 days of the lower court decision.In his petition, Gideon also provided the Court with a copy of his habeas corpus petition that he filed to the Florida Supreme Court and the Florida Supreme Court�s rejection of that petition.

In his petition, Lewis states that Gideon provided little, if any, personal information.Lewis describes Gideon as a destitute man who bore the marks of a destitute life.Gideon was 51 years old at the time of his petition to the Court.He had been convicted on four previous felonies.According to Lewis, hardly anyone would describe Gideon as a violent man; rather, Gideon was a man who found great difficulty in settling down and working to live.Thus, Gideon often turned to crime.

In his filing to the Court, Gideon�s case was originally titled Gideon v. Cochran.Gideon�s primary submission to the Court was a 5-page petition for writ of certiorari, which is a petition asking the Court to bring the case up from the lower court.Gideon had been convicted of breaking and

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Case Brief 11.2

    • 250 Words
    • 1 Page

    The defendant (Smith) won in the lower courts, so the plaintiff (Cooper) appealed the case.…

    • 250 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    After the petitioner’s state trial on two charges of burglary, the items taken from the house were admitted into evidence, over his objection that they had been unconstitutionally seized.…

    • 4749 Words
    • 19 Pages
    Good Essays
  • Good Essays

    Clarence Earl Gideon was a man that was wrongfully convicted of a crime. Clarence had a bad background prior to the trial. His record prior was that he had felonies, and he was in jail for four times already, and he ran away from home, and was found with some stolen clothes on. His background didn’t make it easy for him to be found guilty. Gideon was accused of stealing wine, beer, money, and Coca Cola from the pool room. The charges that were brought to him was Petty theft. The evidence the state used against him was that he was seen by a witness breaking into the pool room. The sentencing that Gideon got was 5 years in a working prison. Gideon’s first trial was not in his favor, because he did not have a lawyer defending him, and he didn’t…

    • 397 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Wainwright trial. 2They left and impact felt by everyone who steps into the courtroom today. 3Gideon and Betts push to change the precedent paid off. 4In 1972 the precedent was changed to "require counsel for any defendant who would spend even one day in jail if found guilty" ("Gideon v. Wainwright"). 5As the same law was tried many times, it changed each time it was brought into court. 6During its second run through the court, changing the law was denied, and Betts lost his case. 7According to Roberts, the Fourteenth Amendment "does not compel states to provide counsel to any defendant" ("Betts v. Brady"). 8This case resulted in the decline of Betts, an exceptionally diverse in comparison to Gideon v. Wainwright. 9Even though justices doubted Betts claim, Gideon made them believe in it; resulting in a case that made American…

    • 2093 Words
    • 9 Pages
    Good Essays
  • Good Essays

    The Supreme Court decided that having counsel is necessary to receive a fair trial. “Gideon transformed criminal prosecutions and generated significant funding for indigent defense nationally.” (273; WEB) Such funding provides all indigents with a defense attorney at the State level regardless of any special circumstances or the severity of the crime. Gideon’s case changed the way the 6th and 14th Amendments were interpreted thus the Federal powers forced the States to recognize this need for all defendants regardless of their incomes to receive a fair trial by way of free legal…

    • 947 Words
    • 4 Pages
    Good Essays
  • Good Essays

    USpreme Court Case Study

    • 677 Words
    • 3 Pages

    In June 1961, Clarence Gideon was arrested and charged with breaking and entering in Bay Harbor. He was tried in a Florida Circuit Court in August 1961. Gideon stated in Court that he was unable to afford a lawyer and asked the Judge to appoint one for him. The Judge said he was sorry but he could not do that, because the laws of Florida called for appointment of counsel only when a defendant was charged with a capital offense [where the death penalty might be imposed]. When the Florida courts denied his claim, he went to the Supreme Court. In his prison he submitted a petition, handwritten in pencil, arguing that Florida had ignored a rule laid down by the Supreme Court: " that all citizens tried for a felony crime should have aid of counsel." Oral arguments were heard on January 15,1962 and the decision was announced on March 18, 1963.…

    • 677 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Gideon Vs Wainwright Case

    • 786 Words
    • 4 Pages

    Gideon’s VS. Wainwright is a case that happened on June 3, 1961 about a young man named Clarence Earl Gideon. The report says that between midnight and eight A.M there was a burglary that happened at the bay harbor pool room in Panama City, Florida. There was word that a lot of different things got broken that night and money…

    • 786 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In the world of the American Justice system, Gideon's name will always stand for the principle that the poor are just as entitled to counsel as those who can afford it. To this day, Gideon's name and the "trumpet" that he blew have rung true to the words "fair trial". He tore down the wall of Betts vs. Brady and the correlation between the Bill of Rights and the 14th Amendment. Gideon's triumph over our justice system shows that there are still flaws in our judicial structure and there are mountains still to be conquered.…

    • 715 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Abimelech And Ilyich

    • 1074 Words
    • 5 Pages

    This story occurs in the ninth chapter of the Book of Judges where we find that the mighty Gideon has passed away. We find…

    • 1074 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Speedy Trial Analysis

    • 467 Words
    • 2 Pages

    The first pertinent point to make on behalf of the argument that Flordia must provide a lawyer for Mr. Gideon is that the 6th Amendment guarantees a person the right to consult a lawyer in his or her defense. For example, every person, no matter…

    • 467 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Writ of Habeas Corpus

    • 4396 Words
    • 18 Pages

    Habeas Corpus has been around for very many years. Although no one knows its exact origin it still dates back pretty far. Habeas Corpus has been seen as a good thing and a bad thing. It has been around for every war we have had. It has also been suspended by two of our presidents in the past. The story and history of Habeas Corpus is a very old one but it is also a very interesting one too. In this essay, I will examine the history of Habeas Corpus, the civil liberties and freedoms that are at issue and the war on terrorism currently being waged around the globe today. I will attempt to show how these three issues are entwined, and how our personal freedom is at stake, more than we realize.…

    • 4396 Words
    • 18 Pages
    Powerful Essays
  • Good Essays

    Access to Free Essays.

    • 580 Words
    • 3 Pages

    The plaintiff was unsuccessful at first instance but his appeal was allowed by the Full Court of the Federal Court. The Court found that the…

    • 580 Words
    • 3 Pages
    Good Essays
  • Good Essays

    WILLS KJT

    • 3713 Words
    • 10 Pages

    MANUEL G. REYES, MILA G. REYES, DANILO G. REYES, LYN AGAPE, MARITES AGAPE, ESTEBANA GALOLO, and CELSA AGAPE, petitioners, vs. COURT OF APPEALS and JULIO VIVARES, respondents.…

    • 3713 Words
    • 10 Pages
    Good Essays
  • Good Essays

    Roskie

    • 552 Words
    • 3 Pages

    On June 7, 1983, petitioner filed a Motion for Reconsideration of the Order dated May 20, 1983 denying his application for probation, on the ground that his having been whisked to jail on May 11, 1983 did not constitute the commencement of the service of sentence as the judgment…

    • 552 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Legal Aid in India

    • 2262 Words
    • 10 Pages

    To the poor the Courts are a maze, if he pleads there all his life, law is so lordly, and loath to end his case; without money paid in presents, law listeneth to few”…

    • 2262 Words
    • 10 Pages
    Powerful Essays