The right to counsel began with a
burglary at the Bay Harbor Poolroom, on the outskirts of Panama City,
Florida
Clarence Earl Gideon, a 50 year-old drifter, was charged with
breaking and entering the poolroom, stealing bottles of wine, beer,
soda, and change from a cigarette machine and a juke box.
Gideon insisted he was entitled to be represented by a
lawyer. Since he could not afford a lawyer, he wanted a lawyer appointed
for free. He claimed that the U.S. Supreme Court required appointed
counsel for poor persons.
The trial judge denied Gideon's demand for a
court-appointed lawyer, so he represented himself. The jury convicted him
as charged and he was sentenced to 5 years imprisonment.
Gideon served his time at Raiford Prison in Union
County, Florida. The imposing gate and tower guarded the prisoners and the
prison's best known facility, Florida auto license tag plant.
From his Raiford Prison cell, Gideon handwrote a letter to
the U.S. Supreme Court, asking for a writ of habeas corpus. The Supreme
Court ordered a response by the state of Florida. This is a copy of
Gideon's handwritten answer.
The respondent to Gideon's petition for writ of
habeas corpus was the Director of the Florida Department of Corrections,
H. G. Cochran, so the case was originally called Gideon vs. Cochran. That was the name when the
Click the > button to
hear Chief Justice Earl Warren call the case for oral argument on
January 15, 1963
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Date: March 18, 2003 3:00 - 5:00
p.m.
Place: Miami-Dade County Commission
Chambers 111
NW 1st Street, 2nd Floor,
Miami
Who: Everyone's
Invited Reception
to follow program
Celebrate
the Birth of the Constitutional Right to Counsel
Special Guests:
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Professor
John Hart Ely. Law clerk to Abe Fortas, as he prepared to argue
in the U.S. Supreme Court on behalf of Clarence Earl Gideon. Later
served as law clerk to Chief Justice Earl Warren and as a federal
public defender in San Diego. Professor of Constitutional Law at
University of Miami School of Law and former Dean of Stanford Law
School. |
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Professor
Bruce R. Jacob. Florida Assistant Attorney General who briefed and
argued the case against Gideon in the U.S. Supreme Court. After the
decision, he was one of the first to volunteer as a special
assistant public defender. Later, as a law professor, he established
the Legal Assistance for Inmates Program at the Atlanta Penitentiary
and assisted in the establishment of the Harvard Prison Legal
Assistance Project. Dean Emeritus and Professor of Criminal Law at
Stetson Law
School.
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Hon. W.
Fred Turner. Lawyer appointed to represent Gideon at his
retrial, which resulted in an acquittal. Retired Florida Circuit
Court Judge. |
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Professor Bruce Rogow. Frequent Supreme Court litigator who
argued Argersinger v. Hamlin, extending Gideon to
misdemeanors. Professor of Criminal Law and Constitutional Law at
Nova Law School. |
Panel Participants Include:
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Hon.
Rosemary Barkett, United States Circuit Judge, Eleventh
Circuit |
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Hon.
William J. Zloch, Chief United States District Judge, Southern
District of
Florida |
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Hon.
Gerald Kogan, Former Chief Justice, Florida Supreme Court |
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Hon.
Cecilia M. Altonaga, Florida Circuit Court Judge |
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Hon.
Michael Chavies, Florida Circuit Court Judge |
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Hon.
Bennett H. Brummer. Public Defender, Eleventh Judicial Circuit
of
Florida |
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Hon.
Kathleen M. Williams. Federal Public Defender, Southern District
of Florida |
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Paul M.
Rashkind. President, Florida Association of Criminal Defense
Lawyers-Miami |
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