gideon vs. wainwright
...of the change, he just assumes that Gideon took it from the poolroom. Also why was Lester Wade standing outside of the poolroom that early in the morning? He said his friends dropped him off there but why couldn’t they have just brought him home. When Gideon’s trial came about a month later he asked the judge if he could have an attorney for his trial. The judge denied him the right to have an attorney. He said that the state of Florida only gives attorneys to those that commit a serious crime such as murder. Gideon would have to defend himself in this trial. This is unfair because Gideon has no clue of the questions to ask or even how to ask the questions. The prosecution proves absolutely nothing with the testimony of Lester Wade. Wade never says that he saw Gideon actually steal anything from the poolroom. He only states that he just saw Gideon inside but never saw him do anything. If you think about it, Lester Wade has good reason to lie about what actually happened. He was the only one at the seen of the crime when the police officer first showed up. Now any two-bit attorney could make Lester Wade’s testimony look like complete and total BS. But not Gideon, he had no idea on where to begin to ask the questions. Gideon had no clue that the defense attorney could pretty much try and put words into the witnesses’ mouth to try and get the witness all confused. Also any two-bit attorney would question the witness and ask him what he was doing at the seen of the crime, and where he was before the crime happened. Any two-but lawyer would try and pin the crime on the eyewitness to get some reasonable doubt in the jury to make them think that maybe the defendant didn’t actually commit the crime. But Gideon had no idea on direct examination or cross-examination; he had no clue about the rules of evidence. Gideon is found guilty and is sent to prison for 5 years. Although this is not that long of a sentence, but in Gideon’s case this could be a death sentence. He is already in his late 60’s early 70’s. Gideon begins to start doing research to see how he can get out of his sentencing. He finds the 14th amendment and realizes that he was screwed over, that he was not given a fair trial. Gideon then began to try and get his case to the Supreme Court. Gideon writes a letter to the Chief Justice of the Supreme Court, Earl Warren. In the letter he says how he was not provided with an attorney at his trial and how that goes is constitutional rights and the 14th amendment. Gideon’s petition to have his case looked at has to be passed by four of the nine justices at the “Cert” Conference. The Supreme Court had already decided a case dealing with the decision to give a defendant an attorney. In the case of Betts v Brady the Supreme Court ruled that if there were special circumstances. Such circumstances as incompetence, complicated charges, and illiteracy. What Gideon’s case will decide is whether all defendants have the right to an attorney if they can not afford one. The Supreme Court appo...