The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, January 15, 1963
Decision: Monday, March 18, 1963
Issues: Criminal Procedure, Right to Counsel
Categories: criminal, right to counsel, sixth amendment

Advocates

Abe Fortas (Argued the cause for the petitioner)
Bruce R. Jacob (Argued the cause for the respondent)
George D. Mentz (Argued the cause for the State of Alabama, as amicus curiae, urging affirmance)
J. Lee Rankin (By special leave of the Court, argued the cause for the American Civil Liberties Union as amici curiae, urging reversal)

Facts of the Case

Gideon was charged in a Florida state court with a felony for breaking and entering. He lacked funds and was unable to hire a lawyer to prepare his defense. When he requested the court to appoint an attorney for him, the court refused, stating that it was only obligated to appoint counsel to indigent defendants in capital cases. Gideon defended himself in the trial; he was convicted by a jury and the court sentenced him to five years in a state prison.

Question

Did the state court's failure to appoint counsel for Gideon violate his right to a fair trial and due process of law as protected by the Sixth and Fourteenth Amendments?

Conclusion

In a unanimous opinion, the Court held that Gideon had a right to be represented by a court-appointed attorney and, in doing so, overruled its 1942 decision of Betts v. Brady. In this case the Court found that the Sixth Amendment's guarantee of counsel was a fundamental right, essential to a fair trial, which should be made applicable to the states through the Due Process Clause of the Fourteenth Amendment. Justice Black called it an "obvious truth" that a fair trial for a poor defendant could not be guaranteed without the assistance of counsel. Those familiar with the American system of justice, commented Black, recognized that "lawyers in criminal courts are necessities, not luxuries."

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
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Decision: 9 votes for Gideon, 0 vote(s) against
Legal Provision: Right to Counsel
Voted with the majority
Warren
Wrote the majority opinion
Black
Wrote a regular concurrence
Douglas
Wrote a special concurrence
Clark
Wrote a special concurrence
Harlan
Voted with the majority
Brennan
Voted with the majority
Stewart
Voted with the majority
White
Voted with the majority
Goldberg
Full Opinion by Justice Hugo L. Black

Cite this page

The Oyez Project, Gideon v. Wainwright, 372 U.S. 335 (1963),
available at: <http://www.oyez.org/cases/1960-1969/1962/1962_155/>
(last visited ).