Having a lawyer can make a difference

Clarence Earl Gideon was arrested in Florida in 1961 for breaking into a pool room and stealing a few dollars and some beer.  He asked for a lawyer at his state court trial, claiming that he had a right to counsel under the United States Constitution.  But his request was denied because, as the Constitution was interpreted back then, there was no universal right to legal counsel in non-capital, state court criminal cases. 

The state judge treated him fairly, and Gideon did better on his own than a lot of people would have done.  But he was still convicted and sentenced to five years in prison, so he filed a petition with the United States Supreme Court.

There was little doubt how the Supreme Court would rule.  The Chief Justice wanted to overturn the contrary precedent from twenty years before, and he knew that he had the votes to do it.  The decision ended up being unanimous in Gideon’s favor.

The Court’s decision also made a real difference for Mr. Gideon.   When he was retried with a lawyer in Florida state court, he was acquitted.