Gideon v. Wainwright
372 U.S. 335 · 1963-03-18
The right to counsel is fundamental: the indigent accused must be provided a lawyer.
Edition: U. S. Reports, bound volume
Source: U. S. Reports, volume 372, at 335 (Library of Congress) · transcription: Caselaw Access Project
Voices: Mr. Justice Black delivered the opinion of the Court. · Mr. Justice Clark, concurring in the result. · Mr. Justice Harlan, concurring.
Petitioner was charged in a Florida state court with having broken and entered a poolroom with intent to commit a misdemeanor. This offense is a felony under Florida law. Appearing in court without funds and without a lawyer, petitioner asked the court to appoint counsel for him, whereupon the following colloquy took place:
Put to trial before a jury, Gideon conducted his defense about as well as could be expected from a layman. He made an opening statement to the jury, cross-examined the State’s witnesses, presented witnesses in his own defense, declined to testify himself, and made a short argument “emphasizing his innocence to the charge contained in the Information filed in this case.” The jury returned a verdict of guilty, and petitioner was sentenced to serve five years in the state prison. Later, petitioner filed in the Florida Supreme Court this habeas corpus petition attacking his conviction and…Read it in the reading room ›