Clarence Earl Gideon

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Clarence Earl Gideon
Clarence Earl Gideon.jpg
Clarence Earl Gideon circa 1961
Born (1910-08-30)August 30, 1910
Hannibal, Missouri
Died January 18, 1972(1972-01-18) (aged 61)
Fort Lauderdale, Florida
Criminal penalty multiple sentences
Criminal status acquitted
Conviction(s) robbery, burglary, larceny, theft (multiple)

Clarence Earl Gideon (August 30, 1910 – January 18, 1972) was a poor drifter accused in a Florida state court of felony theft. His case resulted in the landmark U.S. Supreme Court decision Gideon v. Wainwright, holding that a criminal defendant who cannot afford to hire a lawyer must be provided one at no cost.

At Gideon's first trial, he represented himself and was convicted. After the Supreme Court ruled that the state had to provide defense counsel for the indigent, Florida retried Gideon. At his second trial, which took place in August 1963, with a lawyer representing him and bringing out for the jury the weaknesses in the prosecution's case, Gideon was acquitted.

Arrest, conviction, and Gideon v. Wainwright[edit]


On June 3, 1961, $50 in change and a few bottles of beer and soda were stolen from the Pool Room, a pool hall and beer bar that belonged to Ira Strickland Jr. Strickland also alleged that $50 was taken from the jukebox.[citation needed] Henry Cook, a 22-year-old resident who lived nearby, told the police that he had seen Gideon walk out of the bar with a bottle of wine and his pockets filled with coins, and then get into a cab. Gideon was later arrested in a tavern.

First trial[edit]

Being too poor to pay for counsel, Gideon was forced to defend himself at his trial after being denied a lawyer by the trial judge, Robert McCrary Jr. On August 4, 1961, Gideon was convicted of breaking and entering with intent to commit petty larceny, and on August 25, Judge McCrary gave Gideon the maximum sentence, five years in prison.

Gideon v. Wainwright[edit]

While incarcerated, Gideon studied the American legal system. He concluded that Judge McCrary had violated his constitutional right to counsel under the Sixth Amendment to the United States Constitution, applicable to the State of Florida through the due process clause of the Fourteenth Amendment to the United States Constitution. He then wrote to an FBI office in Florida and then to the Florida Supreme Court, but he was denied help. In January 1962, he mailed a five-page petition (petition for writ of certiorari) to the Supreme Court of the United States, asking the nine justices to consider his complaint.[1] The Supreme Court, in reply, agreed to hear his appeal. Originally, the case was called Gideon v. Cochran and was argued on January 15, 1963. Gideon v. Cochran was changed to Gideon v. Wainwright after Louie L. Wainwright replaced H. G. Cochran as the director of the Florida Division of Corrections, a fact made known to the Supreme Court clerk by Florida Attorney General Bruce Jacob.

Abe Fortas (later a Supreme Court justice) was assigned to represent Gideon. Jacob was assigned to argue against Gideon. Fortas argued that a common man with no training in law could not go up against a trained lawyer and win, and that "you cannot have a fair trial without counsel." Jacob argued that the issue at hand was a state issue, not federal; the practice of only appointing counsel under "special circumstances" in non-capital cases sufficed; that thousands of convictions would have to be thrown out if it were changed; and that Florida had followed for 21 years "in good faith" the 1942 Supreme Court ruling in Betts v. Brady.

The Supreme Court ruled unanimously (9-0) in Gideon's favor in a landmark decision on March 18, 1963.[2]

Second trial[edit]

About 2,000 convicted people in Florida alone were freed as a result of the Gideon decision;[citation needed] Gideon himself was not freed. He instead received another trial.

He chose W. Fred Turner to be his lawyer for his retrial, which occurred on August 5, 1963, five months after the Supreme Court ruling. During the trial, Turner picked apart the testimony of eyewitness Henry Cook, and in his opening and closing statements suggested the idea that Cook likely had been a lookout for a group of young men who had stolen the beer and coins from Bay Harbor Pool Room. (Turner had been Cook's lawyer in previous cases.[3])

Turner also received a statement from the taxicab driver who transported Gideon from the Bay Harbor Pool Room to a bar in Panama City, Florida, stating that Gideon was carrying neither wine, beer nor Coke when he picked him up, even though Cook testified that he watched Gideon walk from the pool hall to the phone, then wait for a cab. Furthermore, although in the first trial Gideon had not cross-examined the driver about his statement that Gideon had told him to keep the taxi ride a secret, Turner's cross-examination revealed that Gideon had said that to the cab driver previously because "he had trouble with his wife."[3]

The jury acquitted Gideon after one hour of deliberation.[4]


In 1963, Robert F. Kennedy remarked about the case:

If an obscure Florida convict named Clarence Earl Gideon had not sat down in prison with a pencil and paper to write a letter to the Supreme Court; and if the Supreme Court had not taken the trouble to look at the merits in that one crude petition among all the bundles of mail it must receive every day, the vast machinery of American law would have gone on functioning undisturbed. But Gideon did write that letter; the court did look into his case; he was re-tried with the help of competent defense counsel; found not guilty and released from prison after two years of punishment for a crime he did not commit. And the whole course of legal history has been changed.[5]

Later life[edit]

After his acquittal, Gideon resumed his previous way of life and married again some time later. He died of cancer in Fort Lauderdale, Florida, on January 18, 1972, at age 61. Gideon's family in Missouri accepted his body and buried him in an unmarked grave. The local chapter of the American Civil Liberties Union later added a granite headstone, inscribed with a quote from a letter Gideon wrote to his attorney Abe Fortas, "Each era finds an improvement in law for the benefit of mankind."

Portrayal on film[edit]

Gideon was portrayed by Henry Fonda in the 1980 made-for-television film Gideon's Trumpet, based on Anthony Lewis' book of the same name. The film was first telecast as part of the Hallmark Hall of Fame anthology series, and co-starred Jose Ferrer as Abe Fortas, the attorney who pleaded Gideon's right to have a lawyer in the US Supreme Court. Fonda was nominated for an Emmy Award for his portrayal of Gideon.

See also[edit]


  1. ^ Gideon, Clarence Earl (June 5, 1962). "Petition from Clarence Gideon." Archived 2013-03-03 at the Wayback Machine. National Archives Transcription Pilot Project.
  2. ^ "State Must Pay Lawyers for Poor". The Miami News. March 18, 1963. p. 1. 
  3. ^ a b Lewis, Anthony (April 20, 2003). "The Silencing of Gideon's Trumpet". The New York Times. 
  4. ^ "Gideon Happy After Acquittal In Famed Case". St. Petersburg Times. August 6, 1963. p. 1-B. 
  5. ^ Kennedy, Robert (1963). "Clarence Earl Gideon v. Wainwright, U.S. Supreme Court, 1963: A Landmark in the Law". Division of Public Defender Services, State of Connecticut. 

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