Tracie Olson

The Promise of Gideon v. Wainwright

indigent-defenseBy Tracie Olson, Yolo County Public Defender

Born in 1910, Clarence Earl Gideon was a homeless drifter who spent most of his life in and out of trouble.  In 1961, a pool room in Florida was burglarized.  A single eyewitness testified that he saw the burglar leave the pool room carrying a wine bottle and money, and further testified that the man he saw was Mr. Gideon.  No other evidence tied Mr. Gideon to the crime.

In court, Mr. Gideon proclaimed his innocence and asked the judge to appoint him counsel, as he could not afford to hire his own.  The judge denied his request, telling Mr. Gideon that the law only allowed the court to appoint counsel to those facing a capital offense.  Ultimately, the jury convicted Mr. Gideon and he was sentenced to five years in state prison.