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Why was it surprising that Gideon's petition for Writ of Certiorari was granted?
Wiki User
∙ 13y ago
Clarence Earl Gideon was arrested and charged with petty theft, a felony carrying prison time in the state of Florida. At trial, Gideon, who was indigent and barely literate, requested the court uphold his Sixth Amendment rights and appoint counsel to represent him. The state court, acting under the color of Betts v. Brady, (1942), refused on the grounds that the state only appointed counsel in capital (death penalty) cases.
Gideon defended himself as best he could, but was no match for the law-school educated prosecutor, was convicted, and received a sentence of five years.
From prison, Gideon wrote a petition for writ of habeas corpus and submitted it to the Florida Supreme Court. The Court denied relief. Gideon next turned to the prison library, and carefully constructed a handwritten petition for writ of certiorari to the US Supreme Court. The Court granted certiorari and promptly appointed future US Supreme Court justice Abe Fortas to represent Gideon before the Court.
The Court's decision to grant certiorari could be considered surprising for several reasons:
- Gideon was proceeding pro se (representing himself).
- He was uneducated and barely literate.
- He prepared his brief using resources in the prison library.
- His petition to the Court was handwritten.
- The Court's decision allowing states to restrict which cases (other than capital offenses) qualified for court-appointed counsel, in Betts v. Brady, (1942), was fairly recent and was accepted precedent.
In other respects, the Court's decision to grant certiorari was less than surprising:
- Gideon petitioned the Warren Court, which was progressive and proactive about incorporating the first eight amendments of the Bill of Rights to the states. Betts v. Brady was a decision of an earlier Court.
- Justice Hugo Black, then a member of the Court, was a vocal supporter of total incorporation (applying the entire Bill of Rights to the states at one time) and had persuaded a number of other justices to his way of thinking. Although the Court was proceeding with selective incorporation (applying individual clauses within amendments as they became relevant to cases before the court), the justices were undoubtedly looking for ripe cases that allowed them to advance incorporation as quickly as possible.
- The Warren Court took a special interest in safeguarding the constitutional rights of the accused.
- Gideon's handwritten petition, mailed from prison, represented a compelling example of the problems faced by indigent pro se defendants without formal legal training or advanced education.
If you analyze Gideon's petition in terms of protocol and sound legal writing, it's easy to consider the Supreme Court's decision to grant cert as a near-miracle. However, if you consider the context of the era, the Warren Court's agenda, and the compelling nature of a desperate man approaching the Court with a handwritten and earnest, but flawed, legal brief, it's much easier to understand how these circumstances actually improved his chance of being heard.
The case citation is Gideon v. Wainwright,372 US 335 (1963)
For more information, see Related Questions, below.
Wiki User
∙ 13y ago
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How many writs of certiorari have been granted?
There have been tens of thousands of writs of certiorari granted in the history of the US Supreme Court.
When a right is granted in a case by the supreme court it is usually referred to as?
Writ of certiorari
When a right is granted in a case by the supreme court it is usually referred to as a?
Writ of certiorari
Only a small percentage of petitions for writs of certiorari to the supreme court are?
Granted certiorari (accepted for review, and the case records ordered from the lower courts).
What is the time limit on filing a petition for a writ of certiorari?
A petition for a writ of certiorari is supposed to be filed within 90 days of judgment entered from the last court of appeal, per rule 13 of the Rules of the Supreme Court of the United States. The justices have discretion to extend the time by as many as 60 days, but rarely grant this permission.Rule 13. Review on Certiorari: Time for PetitioningUnless otherwise provided by law, a petition for a writ of certiorari to review a judgment in any case, civil or crimi­nal, entered by a state court of last resort or a United States court of appeals (including the United States Court of Ap­peals for the Armed Forces) is timely when it is filed with the Clerk of this Court within 90 days after entry of the judgment. A petition for a writ of certiorari seeking review of a judgment of a lower state court that is subject to discre­tionary review by the state court of last resort is timely when it is filed with the Clerk within 90 days after entry of the order denying discretionary review.The Clerk will not file any petition for a writ of certio­rari that is jurisdictionally out of time. See, e. g., 28 U. S. C. § 2101(c).The time to file a petition for a writ of certiorari runs from the date of entry of the judgment or order sought to be reviewed, and not from the issuance date of the mandate (or its equivalent under local practice). But if a petition for re­hearing is timely filed in the lower court by any party, or if the lower court appropriately entertains an untimely peti­tion for rehearing or sua sponte considers rehearing, the time to file the petition for a writ of certiorari for all parties (whether or not they requested rehearing or joined in the petition for rehearing) runs from the date of the denial of rehearing or, if rehearing is granted, the subsequent entry of judgment.A cross-petition for a writ of certiorari is timely when it is filed with the Clerk as provided in paragraphs 1, 3, and 5 of this Rule, or in Rule 12.5. However, a conditional cross­-petition (which except for Rule 12.5 would be untimely) will not be granted unless another party's timely petition for a writ of certiorari is granted.For good cause, a Justice may extend the time to file a petition for a writ of certiorari for a period not exceeding 60 days. An application to extend the time to file shall set out the basis for jurisdiction in this Court, identify the judgment sought to be reviewed, include a copy of the opinion and any order respecting rehearing, and set out specific reasons why an extension of time is justified. The application must be filed with the Clerk at least 10 days before the date the peti­tion is due, except in extraordinary circumstances. For the time and manner of presenting the application, see Rules 21, 22, 30, and 33.2. An application to extend the time to file a petition for a writ of certiorari is not favored.For more information, see Related Questions, below.
What does the legal term 'certiorari' mean?
A writ of certiorari is an order that a higher court issues to a lower court in order to review the decision and proceedings of the lower court and determine whether there were any irregularities.
What does i797 approval means?
An i979 approval is a notice of action form. This can be used to let someone know that a petition has been granted or if an alien worker petition has been granted.
How does the U.S Sepreme court select its cases?
The U.S Supreme Court selects its cases through a process called "certiorari." This means that it grants review to cases that have been appealed from lower courts and meet certain criteria. The Court typically selects cases that involve significant constitutional questions or where there is a conflict between lower court decisions on an issue of federal law. The justices then vote on which cases to take up and a majority vote is required for a case to be granted review.
An appellate court will not hear an appeal if certiorari has been granted?
The US Supreme Court is an appellate court under most circumstances. If it grants certiorari, it will hear the case.This question only makes sense if you're trying to determine whether an intermediate appellate court will hear a case from a trial court if the case has been accepted on direct, or expedited, appeal to the Supreme Court. The answer to that question is no. Cases granted certiorari on direct appeal bypass the intermediate appellate court.
How many signatures does the US Supreme Court need to issue a Writ of Certiorari?
The answer depends on the petitioner's filing status with the US Supreme Court.A regular petitioner who files and is paying docketing fees is instructed to submit forty copies of his or her petition to the Court. Many petitioners are granted leave to file "in forma pauperis," a discretionary decision on the part of the Court that allows indigent and low-income individuals to file without paying a docketing fee, and to submit an original with only ten copies of his or her petition, plus ten copies of a motion for leave to file in forma pauperis. Prison inmates may also file a petition for a writ of certiorari. If proceding pro se (self-representing) they are only required to provide one copy of the petition and one motion.Rule 12 of the current Rules of the Supreme Court of the United States, which went into effect on February 16, 2010, explains the requirements for submission:Rule 12. Review on Certiorari: How Sought; PartiesExcept as provided in paragraph 2 of this Rule, the peti­tioner shall file 40 copies of a petition for a writ of certiorari, prepared as required by Rule 33.1, and shall pay the Rule 38(a) docket fee.A petitioner proceeding in forma pauperis under Rule 39 shall file an original and 10 copies of a petition for a writ of certiorari prepared as required by Rule 33.2, together with an original and 10 copies of the motion for leave to proceed in forma pauperis. A copy of the motion shall pre­cede and be attached to each copy of the petition.An in­mate confined in an institution, if proceeding in forma pau­peris and not represented by counsel, need file only an original petition and motion.For more information, see Related Questions, below.
What percentage of petitions for writ of certiorari are denied?
The percentage of petitions for writ of certiorari denied is ~ 98-99%.The US Supreme Court received 7,738 petitions for writ of certiorari in each the 2008-2009 and 2009-2010 Terms, granted certiorari in fewer than 200 in the 2008-09 Term, and issued written opinions on only 83 cases. The statistical estimate for denial of cert is 98-99%.For more information, see Related Questions, below.
What does 'cert' mean in legal terms?
"Cert" is lawyerspeak shorthand for a "writ of certiorari". The US Supreme Court has complete discretion over the cases it hears under appellate jurisdiction; state supreme courts (or the equivalent) have mandatory appellate jurisdiction over death penalty cases, but discretionary jurisdiction over most other cases. Appeals are addressed to the Supreme Court by "petition for a writ of certiorari." Thousands try, only a few are granted. If the Court denies your application for "cert" you are stuck with whatever the decision in the lower courts was.
