Gideon V. Wainwright
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Gideon V. Wainwright
''Gideon v. Wainwright'', 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own. The case extended the right to counsel, which had been found under the Fifth and Sixth Amendments to impose requirements on the federal government, by imposing those requirements upon the states as well. Background Between midnight and 8:00 a.m. on June 3, 1961, a burglary occurred at the Bay Harbor Pool Room in Panama City, Florida. An unknown person broke a door, smashed a cigarette machine and a record player, and stole money from a cash register. Later that day, a witness reported that he had seen Clarence Earl Gideon in the poolroom at around 5:30 that morning, leaving with a wine bottle, Coca-Cola, and change in his pockets. Based on this accusation alone, the police arrested Gideon and charged him with br ...
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Clarence Earl Gideon
Clarence Earl Gideon (August 30, 1910 – January 18, 1972) was a poor drifter accused in a Florida state court of felony breaking and entering. While in prison, he appealed his case to the US Supreme Court, resulting in the landmark 1963 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 in August 1961, he was denied legal counsel and was forced to represent himself, and was convicted. After the Supreme Court ruled in ''Gideon'' that the state had to provide defense counsel in criminal cases at no cost to the indigent, Florida retried Gideon. At his second trial, which took place in August 1963, with a court-appointed lawyer representing him and bringing out for the jury the weaknesses in the prosecution's case, Gideon was acquitted. Early life Clarence Earl Gideon was born in Hannibal, Missouri. His father, Charles Roscoe Gideon, died when he was three. His mother, Virgi ...
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Florida State Prison
Florida State Prison (FSP), otherwise known as Raiford Prison, is a correctional institution located in unincorporated Bradford County, Florida. It was formerly known as the "Florida State Prison-East Unit" as it was originally part of Florida State Prison in Raiford, Florida (now known as Union Correctional Institution). The facility, a part of the Florida Department of Corrections, is located on State Road 16 right across the border from Union County. The institution opened in 1961, even though construction was not completed until 1968. With a maximum population of over 1,400 inmates, FSP is one of the largest prisons in the state. FSP houses one of the state's three death row cell blocks, and the state's execution chamber. Union Correctional Institution also houses male death row inmates while Lowell Annex houses female death row inmates. Lethal injection became the standard method of execution in 2000. The electric chair can still be used by request of the inmate. FSP sits i ...
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Clarence Darrow
Clarence Seward Darrow (; April 18, 1857 – March 13, 1938) was an American lawyer who became famous in the early 20th century for his involvement in the Leopold and Loeb murder trial and the Scopes "Monkey" Trial. He was a leading member of the American Civil Liberties Union and a prominent advocate for Georgist economic reform. Called a "sophisticated country lawyer",Linder, Douglas O. (1997)"Who Is Clarence Darrow?", ''The Clarence Darrow Home Page'' Darrow's wit and eloquence made him one of the most prominent attorneys and civil libertarians in the nation. He defended high-profile clients in many famous trials of the early 20th century, including teenage thrill killers Leopold and Loeb for murdering 14-year-old Robert "Bobby" Franks (1924); teacher John T. Scopes in the Scopes "Monkey" Trial (1925), in which he opposed statesman and orator William Jennings Bryan; and Ossian Sweet in a racially charged self-defense case (1926). Early life Clarence Darrow was born in th ...
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Hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmissible (the "hearsay evidence rule") unless an exception to the hearsay rule applies. For example, to prove that Tom was in town, a witness testifies, "Susan told me that Tom was in town." Because the witness's evidence relies on an out-of-court statement that Susan made, if Susan is unavailable for cross-examination, the answer is hearsay. A justification for the objection is that the person who made the statement is not in court and thus not available for cross-examination. Note, however, that if the matter at hand is not the truth of the assertion about Tom being in town but the fact that Susan said the specific words, it may be acceptable. For example, it would be acceptable to ask a witness what Susan told them about Tom in a defamatio ...
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Preliminary Hearing
Within some criminal justice systems, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer. Canada In Canada, a preliminary hearing is sometimes referred to as a preliminary inquiry. During the preliminary inquiry, a hearing is held by the court to determine if there is enough evidence to justify a trial. Preliminary inquiries are only held when a person is charged with an indictable offence. The Crown Attorney may call witnesses. If there is not enough evidence, the court will dismiss the charge(s). In the aftermath of the 2016 Jordan decision, in which the Supreme Court of Canada imposed time limits on the Crown to bring criminal cases to trial, the Crown has started to use the direct indictment procedure more fr ...
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Stetson University College Of Law
Stetson University College of Law (Stetson Law), founded in 1900 and part of Stetson University, is Florida's first law school. Originally located near the university's main campus in DeLand, Florida, the law school moved in 1954 to Gulfport, Florida. The law school occupies a historic 1920s resort hotel, the Rolyat Hotel, designed by Richard Kiehnel. The College of Law is accredited by the American Bar Association and has been a member of the Association of American Law Schools since 1931. The college also has a campus in Tampa, Florida that shares space with a working court, Florida's Second District Court of Appeal. Academics Stetson Law currently employs more than 40 full-time faculty members and has more than 900 students enrolled in its Juris Doctor (J.D.) program. The J.D. program offers six concentrations: Advocacy, Business Law, Elder Law, Environmental Law, International Law and Social Justice Advocacy. Stetson also offers advanced legal degrees, including a Master ...
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Mercer University School Of Law
Mercer University School of Law (historically Walter F. George School of Law) is the professional law school of Mercer University. Founded in 1873, it is one of the oldest law schools in the United States; the first law school accredited by the bar in Georgia, and the second oldest of Mercer's 12 colleges and schools. The School of Law has approximately 440 students and is located in Macon, Georgia on its own campus one mile (1.6 km) from Mercer's main campus. The law school building, one of Macon's most recognizable sites, is a three-story partial replica of Independence Hall in Philadelphia and is located on Coleman Hill overlooking downtown Macon. According to Mercer's official 2020 ABA-required disclosures, 72% of the Class of 2020 obtained full-time, long-term, JD-required employment nine months after graduation. Dean of the School Karen Sneddon began as Interim Dean on October 1, 2021. She was preceded by Cathy Cox. Cathy Cox became dean in 2017. She was previ ...
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Bruce Jacob
Bruce Robert Jacob (born March 26, 1935) is a former Assistant Attorney General for the State of Florida during the early 1960s. He represented Louie L. Wainwright, the Director of the Florida Division of Corrections, in the Supreme Court case of ''Gideon v. Wainwright'', decided in March 1963, regarding the right to counsel of indigent defendants in non-capital felony cases in state courts. The attorney representing the Petitioner, Clarence Gideon, was Abe Fortas, a Washington, D.C. lawyer who later became a Justice of the Supreme Court. The previous 1942 Supreme Court case of Betts v. Brady required the appointment of counsel for an indigent defendant at state expense if there was a “special circumstance” present in the case which made it necessary for counsel to be provided for the defendant to receive a fair trial. For example, if the defendant was indigent and was extremely young, or lacked education or experience, was unfamiliar with court procedures, or if the charges a ...
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Yale Law School
Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & World Report'' every year between 1990 and 2022, when Yale made a decision to voluntarily pull out of the rankings, citing issues with the rankings' methodology. One of the most selective academic institutions in the world, the 2020–21 acceptance rate was 4%, the lowest of any law school in the United States. Its yield rate of 87% is also consistently the highest of any law school in the United States. Yale Law alumni include many prominent figures in law and politics, including United States presidents Gerald Ford and Bill Clinton and former U.S. secretary of state and presidential nominee, Hillary Clinton. Alumni also include current United States Supreme Court associate justices Clarence Thomas, Samuel Alito, Sonia Sotomayor and Br ...
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John Hart Ely
John Hart Ely ( ; December 3, 1938 – October 25, 2003) was an American legal scholar. He was a professor of law at Yale Law School from 1968 to 1973, Harvard Law School from 1973 to 1982, Stanford Law School from 1982 to 1996, and at the University of Miami Law School from 1996 until his death. From 1982 until 1987, he was the 10th Dean of Stanford Law School. As a third-year student at Yale Law School, Ely became a member of the legal team of Abe Fortas, contributing to the landmark ruling in ''Gideon v. Wainwright'' that required states to provide legal representation to those who could not afford their own. He continued his legal career as the youngest staff member of the much-scrutinized Warren Commission tasked with investigating the assassination of John F. Kennedy. After clerking for Justice Earl Warren, he would go on to study abroad and returned to take a modest position as a public defender before beginning his distinguished career in academia as a professor at Yal ...
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Arnold & Porter
Arnold & Porter Kaye Scholer LLP is an American multinational law firm. A white-shoe firm, Arnold & Porter is among the largest law firms in the world, by both revenue and by its number of lawyers. History Arnold & Porter was founded in 1946 by New Deal veterans Thurman Arnold, a former Yale Law School professor and U.S. Court of Appeals Judge on the D.C. Circuit, and Abe Fortas, another former Yale Law School professor who later became a Supreme Court Justice. In 1947, Paul A. Porter, a former Chairman of the Federal Communications Commission joined the firm and it was renamed Arnold, Fortas & Porter. In 1965, Abe Fortas' name was dropped from the firm's moniker after his ascension to the Supreme Court. In November 2016, Arnold & Porter announced that it would be merging with New York-based firm Kaye Scholer to form Arnold & Porter Kaye Scholer LLP, with approximately 1000 attorneys across ten domestic and four international offices. The merger took effect on January 1, 20 ...
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Abe Fortas
Abraham Fortas (June 19, 1910 – April 5, 1982) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1965 to 1969. Born and raised in Memphis, Tennessee, Fortas graduated from Rhodes College and Yale Law School. He later became a law professor at Yale Law School and then an advisor for the U.S. Securities and Exchange Commission. Fortas worked at the Department of the Interior under President Franklin D. Roosevelt, and was appointed by President Harry S. Truman to delegations that helped set up the United Nations in 1945. In 1948, Fortas represented Lyndon B. Johnson in the hotly contested Democratic senatorial second primary electoral dispute, and he formed close ties with the president-to-be. Fortas also represented Clarence Earl Gideon before the U.S. Supreme Court, in a landmark case involving the right to counsel. Nominated by Johnson to the Supreme Court in 1965, Fortas was confirmed by the Senate, an ...
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