Clarence Earl Gideon was arrested for breaking and entering in Florida but could not afford a lawyer. When he asked the judge to appoint one for him, the request was denied, violating his Sixth Amendment right to counsel. The Supreme Court ruled in Gideon v. Wainwright that every felony defendant has the right to legal representation under the Sixth Amendment.

1. Gideon v. Wainwright (1963)

2. Summary Clarence Earl Gideon was arrested on June 3, 1961 for breaking and entering into the Bay Harbor Pool Room in Panama City, Florida. Once brought into court he couldn’t afford a lawyer so he asked the Florida court judge to appoint one for him. The judge denied his request, thus violating his sixth amendment. Gideon was sentenced to five years in a Florida state prison.

3. Arguments Gideon argued his sixth amendment was violated. Wainwright and the state of Florida argued that the defendant can only receive a lawyer if the crime has any special circumstances.

4. Decision Justice Black ruled in favor of Clarence Gideon and said his sixth amendment was violated by the State of Florida. Declared every felony has a special circumstance and there for is required to be given a lawyer. Established due process.