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August 4, 1961court rulingcriminal justiceconstitutional rightspublic defensecriminal justicecivil libertiesaccess to justice

Florida convicts Gideon of felony breaking and entering after he represents himself at trial because he cannot afford a lawyer

Clarence Earl Gideon, a 51-year-old drifter with a fourth-grade education, was charged with breaking and entering the Bay Harbor Poolroom in Panama City, Florida. When he asked the circuit court to appoint counsel because he could not afford a lawyer, Judge Robert McCrary refused, citing Florida law that provided appointed counsel only in capital cases. Gideon represented himself, was convicted by a jury, and was sentenced to five years in Florida State Prison — one of the standard outcomes for indigent defendants across 45 states that did not require appointed counsel in felony cases.