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The right to counsel began with a burglary at the Bay Harbor
Poolroom, on the outskirts of Panama City, Florida
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Date: March 18, 2002 1:30 -
4:00 p.m.
Place: Miami Hyatt Downtown
Who's Invited? Everyone
Celebrate the birth of the constitutional right to
counsel
Special Guests:
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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
one of the first federal public defenders. Professor of
Constitutional Law at University of Miami School of Law and former
Dean of Stanford Law School. |
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Bruce
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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Richard Yale Feder. Co-author of the
brief amicus curiae, filed on behalf of the Florida American Civil
Liberties Union. Retired Circuit Court Judge. |
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Hugo Black, Jr. Author of
Mr. Justice and Mrs. Black, son of the justice who
authored the unanimous Gideon decision. |
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W. Fred
Turner. Lawyer appointed to
represent Gideon at his retrial, which resulted in an acquittal.
Retired Circuit Court Judge. |
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Bennett Brummer. Public Defender,
Eleventh Judicial Circuit of Florida. |
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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 |
Presented by the
Florida Association of Criminal Defense Lawyers-Miami, in
conjunction with the Florida Public Defender of the
Eleventh Judicial Circuit and the Federal
Public Defender, Southern District of Florida. Co-Sponsors: American Bar Association Criminal
Justice Section, The Florida Bar, National
Association of Criminal Defense Lawyers |
Clarence Earl Gideon, a 50-year- old drifter, was charged with breaking and
entering the pool- room, stealing cash, bottles of soda and wine.
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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.
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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.
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Gideon
served his time at Raiford Prison in
Union County, Florida. The imposing gate and guard tower guarded the
prisoners and the prison's best known facility, the Florida auto
license tag plant.
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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.
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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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