Gideon v. Wainwright

From: Florida Supreme Court case files, S. 49, Box 2780, Case 31116

Gideon Petitioner v. Wainwright Respondent, Page 1

Gideon Petitioner v. Wainwright Respondent, Page 1

Transcript

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING PETITION AND, IF

FILED, DETERMINED.


IN THE SUPREME COURT OF FLORIDA

JANUARY TERM, A. D. 1963

CLARENECE EARL GIDEON,

Petitioner,

vs.

LOUIE L. WAINWRIGHT, Director,

Division of Corrections,

Respondent.

CASE NO. 31,116

Opinion filed May 15, 1963

Case of original jurisdiction – Habeas Corpus

Clarence Earl Gideon, in proper person, for Petitioner

Richard W. Ervin, Attorney General, and Bruce Jacob, Assistant

Attorney General, for Respondent



THORNAL, J.

Following our denial of petitioner’s application for a

writ of habeas corpus this cause was considered by the Supreme

court of the United States on a writ of certiorari. Our judgment

was reversed and the cause was remanded for further action not

inconsistent with the opinion of the United States Court.

The matter now recurs for consideration pursuant to

the mandate of the Supreme Court of the United States.

By his post-conviction petition for a writ of habeas

corpus, Gideon alleged that at his trial on a felony information

he was insolvent and requested the assistance of counsel. His

request was denied. His petition failed to allege that he was

unable to defend himself adequately because of a lack of