Gideon v. Wainwright (1963)
Gideon v. Wainwright (1963): The Right to a Court-Appointed Lawyer
If you can’t afford a lawyer, Texas must provide one for your defense.
Background
Clarence Gideon was charged with breaking and entering in Florida. He asked the court to appoint him a lawyer because he could not afford one. The court refused, saying appointed counsel was only for capital cases. Gideon represented himself and was convicted. From prison, he hand-wrote a petition to the U.S. Supreme Court.
Questions Presented
- Does the Sixth Amendment require states to appoint counsel for indigent defendants in felony cases?
Majority Opinion — Justice Hugo Black
Holding: Counsel is fundamental to a fair trial. States must provide a lawyer to defendants who cannot afford one when charged with a serious crime.
Black emphasized that the adversarial system cannot function if the accused faces the State alone. Lawyers are necessities, not luxuries. The Court unanimously ruled that the Sixth Amendment right to counsel applies to the states through the Fourteenth Amendment’s Due Process Clause.
This decision reshaped American courtrooms. Today, Texas provides appointed counsel in felony cases and in most misdemeanors where jail is possible — including DWI, assault, and domestic violence charges. Failure to appoint counsel when required is structural error, often requiring reversal.
For Montgomery County residents, Gideon ensures your right to a defense — and your ability to fight back against a system built to convict. If you or a loved one were denied counsel at a critical stage, that is a major constitutional violation that can overturn a conviction.