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      <title>Gideon v. Wainwright Blog Post  by Carleigh Lake [STUDENT]</title>
      <link>https://padlet.com/carleigh227507/cxql4sqhldjdzprs</link>
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      <language>en-us</language>
      <pubDate>2021-11-30 03:03:46 UTC</pubDate>
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         <title>Sixth Amendment Clarification?? </title>
         <author>carleigh227507</author>
         <link>https://padlet.com/carleigh227507/cxql4sqhldjdzprs/wish/1919799071</link>
         <description><![CDATA[<div>Today the results of the case of Gideon vs Wainwright finally came out, and it really shed some light on what the 6th Amendment actually stands for. For reference, the case of Gideon vs Wainwright started when Gideon was arrested for a burglary. During his trial, he could not afford a lawyer and asked the court to appoint one for him, but they refused, stating "Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person is charged with a <strong>capital offense</strong>." This means that no one standing trial will be given a lawyer from the government unless it is a case where they're facing the death penalty. Gideon was found guilty, and while in prison he filed a <strong>habeas corpus</strong> petition. <br><br>The 6th Amendment states that "In all criminal prosecutions ... the accused shall enjoy the right to have the assistance of a <strong>counsel for his defense</strong>." The main argument during this case was whether or not this extended to cases in state courts where the death penalty wasn't an issue. Previously, the case of Betts vs Brady ruled that the states were not required to provide lawyers apart from in death penalty cases. This case was much like the case of Gideon vs Wainwright, however, during the trial, Gideon's side fought to have Betts vs Brady overturned because both the 6th and 14th Amendment don't distinguish between criminal cases.&nbsp;<br><br>This case was argued in January, and after two months of waiting, the results were unanimously decided in favor of Gideon. Justice Clark had a concurring opinion, which was that "if these charges had been capital charges, the court would have been required, both by the state statute and the decisions of this Court interpreting the Fourteenth Amendment, to take some such steps." This means that the constitution doesn't differentiate between capital and noncapital cases, and so the right to appointed counsel should be applied to all cases. As a result of this case, states are now required to appoint lawyers to all defendants charged with a felony, whether that be in state or federal cases.&nbsp;</div>]]></description>
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         <pubDate>2021-11-30 07:45:03 UTC</pubDate>
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         <title>6th Amendment </title>
         <author>carleigh227507</author>
         <link>https://padlet.com/carleigh227507/cxql4sqhldjdzprs/wish/1919807854</link>
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         <pubDate>2021-11-30 07:50:20 UTC</pubDate>
         <guid>https://padlet.com/carleigh227507/cxql4sqhldjdzprs/wish/1919807854</guid>
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         <title>14th Amendment </title>
         <author>carleigh227507</author>
         <link>https://padlet.com/carleigh227507/cxql4sqhldjdzprs/wish/1919810063</link>
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         <pubDate>2021-11-30 07:51:40 UTC</pubDate>
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