Annotated Bibliography Primary Sources "Actions by Supreme Court: Commerce Criminal Law Elections Free Speech...

" New York Times [New York] 19 Mar. 1963: n. pag. Print. This newspaper article announces the overruling of Betts V. Brady. It progresses to state that the court is responsible for providing free counsel in non-capital charges as well as capital ones. This source will be used to display the release of the landmark decision of Gideon v Wainwright. Beaney, William M. "The Right to Counsel: Past, Present, and Future." Virginia Law Review 49 (1963): 1150-59. Print. This source provided insight on feelings about the Court decision after only a couple of months had passed. Cases prior to Gideon V. Wainwright are mentioned as well as how the Supreme Court viewed counsel for indigent defendants. Next, the source mentions the influence of Gideon V. Wainwright on those previous trials and how the Court plans to move away from the fair trial rule. Lastly, the use of courtappointed counsel in future cases are mentioned, as well as new criminal justice procedures that should be established. Bilder, Walter J. "Counsel for Indigent." New York Times [New York] 30 Aug. 1942: 1. Print. This newspaper article is over the ruling of Betts V. Brady. In the article, the right to counsel is argued against the court decision using ideas that are later implemented during Gideon V. Wainwright. However, it outlines the reasons for the Betts V. Brady ruling which can be used to compare the cases and show the contrast in the court ruling. Cohenerwin, Benjamin V. "Denial of Counsel to Indigent Defendant Questioned." New York Times [New York] 2 Aug. 1942: 1. Print. This article in the New York Times starts with letters to the editor with two opinions of the ruling of Betts V. Brady case. It then

elaborates on these opinions with unbiased reasons for the decisions of the court. This article illustrates the opinions in the time of the Betts case, and can be compared to statements made by people during the case of Gideon V. Wainwright. Israel, Jerold H. "Gideon V. Wainwright: The 'Art of Overruling." The Supreme Court Review 1963 (1963): 211-72. Print. This journal entry provides a primary review of the case less than a year after the decision. Though the purpose of this entry is not looking directly at the main idea desired, it still has a fair amount of insight of what exactly some opinions of the case centered around. This information will be used to discern between opinions revolving around slightly different details of the case. Lewis, Anthony. Gideon's Trumpet. New York: Random House, 1964. Print. This book, published a year after the final verdict of Gideon V. Wainwright is a complete history of said case, including letters sent between Gideon and his later acquired counsel. With this book, readers are able to find the complete history of the case with the added bonus of an analysis of every detail of the case from a third party later in time. - - -. "News of the Week in Law." New York Times [New York] 22 Nov. 1964: 1. Print. This article, written a year and 8 months after the Gideon trial, explains how over 500 inmates in Minnesota will be benefiting from the passing of the laws enacted by Gideon V. Wainwright and other cases like it. One judge in Minnesota was even was quoted saying, "It makes a lot of work for us, but we're going to work our way through it. I think the United States as a whole will benefit by the attention directed to criminal trials as a result of these recent decisions." This shows that even though it may prove to be a little more work in the short term, in the long run Gideon V. Wainwright will advance America in equal rights and opportunities for all.

Lewis, Anthony J. "Supreme Court Extends Ruling on Free Counsel." New York Times [New York] 19 Mar. 1963: 1. Print. This newspaper article was written the day of the decision to overrule Betts V. Brady in favor of Gideon V. Wainwright. It gives a description and background of the case leading up to the decision and what it may mean for the future. This article from the time period reflects the views taken by the public during the time of the case and their opinions towards it and the overturn of Betts V. Brady. The New York Times. "Summary of Actions in Supreme Court." New York Times [New York] 15 Oct. 1963: 30. Print. This article written in the New York Times goes through choices made by the Supreme Court recently after the ruling of Gideon V. Wainwright. In the section titled "Criminal Law," there is a story about 10 defendants who were convicted before the Gideon decision who should be allowed retrial on the grounds that Gideon V. Wainwright applies to them retroactively. This small section of article proves that even less than nine months later, defendants who were even convicted before the overturn are feeling the benefits of the rights gained by this ruling. Shafroth, Will. "The New Criminal Justice Act." American Bar Association Journal 50 (1964): 1049-51. Print. This source was used as a look into the opinions on the landmark case of Gideon V. Wainwright after the decision had only been made one year prior. A quote from President Kennedy about the right to counsel is used to open this Journal. The requirements for appointed counsel are listed, as well as the news that court appointed lawyers will now receive monetary compensation for their representation. The last part of the Journal states the rules and regulations of the New Criminal Justice Act.

Silverstein, Lee. "The Continuing Impact of Gideon v. Wainwright on the States." American Bar Association Journal 51 (1965): 1023-26. Print. This Journal gave information on the impact Gideon V. Wainwright had two years after the landmark decision was made. The article states that many States and individual counties had made reforms to their criminal procedure and treatment of indigent defendants. The way counsel is offered and making sure it is offered in a way that the defendant can understand are two reforms noted in the Journal. Cases after Gideon V. Wainwright that take the Court ruling into account are mentioned, as well as various, experimental ways legal counsel will be provided to defendants.

"Waiver of the Right to Counsel in State Court Cases: The Effect of Gideon v. Wainwright." University of Chicago Law Review 31 (1964): 591-602. Print. This Law Journal was used to see the impact of Gideon V. Wainwright after only a year had passed since the Court decision was made. The article states instances where a defendants case was considered for a new trial. Waiving of the right to counsel and the guidelines for waiving are spoken of in the article. Finally, previous cases are compared and contrasted to Gideon V. Wainwright and how the federal waiver was implemented.

Secondary Sources Alper, Ty. "Toward a Right to Litigate Ineffective Assistance of Counsel." Washington and Lee Law Review 70.2 (2013): 839-82. Print. This journal conveys the elusive answer to the question of what to do when the provided counsel is ineffective, specifically pertaining to Martinez V. Ryan. The problem and discussion of defendants claiming that their provided counsel was inadequate is also a key point in the journal. Consequently, this source can be used to point out a major flaw in the courts efforts to responsibly provide indigents with counsel. "Avery V. Alabama case brief." Law School Case Briefs. N.p., n.d. Web. 18 Jan. 2014. This website was used to find background on the case Avery V. Alabama. It was a valuable source because there were no law journals found that mentioned this case. There are two quotes taken from the website and integrated into the project. These aided in explaining the importance of including the case in the project. Baker, Liva. Miranda: Crime, Law and Politics. N.p.: n.p., 1983. Print. On the case of Miranda V. Arizona, the author clearly states the stories of two separate but equally important people of the case from a third person view that describes each characters personal events through the time spent on the case. With this information, one can draw a clearer line between how the Miranda warning was created, and how Gideon V. Wainwright played a role in securing some of those essential rights. Barth, Alan. The Price of Liberty. New York: Viking Press, 1961. Print. One specific chapter in this book, titled "The Assistance of Counsel" is important to our topic. It goes into depth on the Scottsboro trials, and includes a summary of the court decision and case details of

Betts V. Brady. This insight can be used to elaborate on the ineffectiveness of the court to provide indigent defendants with counsel before Gideon V. Wainwright. Bibas, Stephanos. "Shrinking Gideon and Expanding Alternatives to Lawyers." Washington and Lee Law Review 70.2 (2013): 1287-308. Print. This journal stresses how unsuccessful Gideon V. Wainwright is in requiring the right to counsel. It argues that since the ruling of Gideon V. Wainwright has expanded the use of free counsel in civil cases, it has become less effective as a whole; that the right to counsel should only be exercised in the core of felonies. The journal also highlights the constraints and hardships appointed legal defense are put under, leading to overall ineffectiveness. The aforementioned journal can be used to counter-argue the importance of Gideon V. Wainwright and showcase the negative effects of the ruling. Bright, Stephen B. "Gideon Turns Fifty." Nation 8 Apr. 2013: 8-9. Print. In this journal, the author discusses the defiance of the landmark ruling of Gideon V. Wainwright. The outrageous treatment of the defendants by both the court and their appointed counsel, along with the reluctance of the states to accept responsibility and ensure equal justice, are major focal points in the article. With the vast majority inattentive to criminal courts, it becomes apparent that the long term effects of Gideon V. Wainwright are not as phenomenal as hoped; it's almost as if the ruling had never happened. Bright, Stephen B., and Sia M. Sanneh. "Fifty Years of Defiance and Resistance After Gideon V. Wainwright." Yale Law Journal 122.8 (2013): 2150-74. Print. This journal is taking a look at how the rights supposedly gained by the overturning of Betts V. Brady in favor of Gideon V. Wainwright have not been realized by this time, fifty years later. Giving many examples of cases contradictory to the belief that the right to counsel has been totally

fulfilled. The journal then sums up all the evidence to prove proponents of Gideon V. Wainwright otherwise, giving readers a look at the other side of the right to counsel argument in today's courts. Chin, Gabriel J. "Race and the Disappointing Right to Counsel." Yale Law Journal 122.8 (2013): 2236-59. Print. This journal details how discrimination still may play a role in the right to counsel even after Gideon V. Wainwright and the Civil Rights Movement. Giving examples of certain cases, the author describes how race has come into play by defendants of color being given attorneys with less experience and/or higher caseloads as opposed to their white counterparts. This document is in complete contrast to the ideals portrayed in the acceptance of Gideon V. Wainwright in that even though there is more effective means to counsel for some, there are still many who are affected negatively by other outside forces; primarily discrimination. Clendinen, Dudley. "Budget Ills Crippling Defense of Poor, Lawyers Say." New York Times [New York] 14 Nov. 1982: 28. Print. This entry in the New York Times in 1982 outlines how the current recession of the time was creating higher joblessness and poverty rates, and therefore more indigent defendants. It also portrays the lack of funds for the counsel of said defendants as an eminent disaster to the legal system. This article tells of how the effects of Gideon V. Wainwright are needed now more than ever with rising poverty and crime rates, but at the same time with fixes that allow for the compensation of the counsel to keep providing for the defendants in need. Dreyer, David J. "Dj Vu All Over Again: Turner V. Rogers and the Civil Right to Counsel." Drake Law Review 61.3 (2013): 639-65. Print. This journal highlights the similarity between Gideon V. Wainwright and Turner V. Rogers. The different parts of this journal

feature unmet duties of courts and lawyers, appointed counsel based on less legal logic, specific obstacles to a right to counsel, and asks how poor defendants will receive assistance when due process does not require it. Concluding that the long term effects of the Gideon V. Wainwright ruling are essentially insignificant in court practice today. Dewey, Mary. "Martinez V. Ryan: A Shift Toward Broadening Access to Federal Habeas Corpus." Denver University Law Review 90.1 (2012): 269-94. Print. While this journal mainly focuses on Martinez V. Ryan, it also highlights key points in several other cases, including Coleman V. Thompson and Brown V. Allen. The fundamental topic is habeas corpus review and how the right to counsel does not extend to it, along with the procedures prisoners must exhaust before petitioning to the court. The previously mentioned journal can be used to present an aspect of the court that Gideon V. Wainwright did not affect, but is still connected to. Garrett, Brandon L. "Validating the Right to Counsel." Washington and Lee Law Review 70.2 (2013): 927-59. Print. In his essay, Mr. Garrett describes how the case of Strickland V. Washington, 20 years after Gideon, brought to the attention of the Supreme Court not only the right to counsel, but the right to effective counsel. This essay expands on the idea of how even though someone may have been appointed some kind of counsel for their case, there may still be injustice towards the defendant in terms of ineffective or even harmful counsel. Through this article one can see that, even just 20 years after Gideon's case, defendants can be put into an even worse predicament by laws that were supposed to help them through their trials. Gideon v. Wainwright - Oral Argument, Part 1/ Part 2. Oyez. They Oyez Project, n.d. Web. 20 Jan. 2014. <http://www.oyez.org/cases/1960-1969/1962/1962_155#mla>. These two

audio clips are the two halves of the entire oral argument of the Gideon V. Wainwright case. It also includes a typed dictation of every word, so as to find specific quotes to use in the project. This source is the main producer of audio evidence for the project, as it allows one to hear the actual case proceedings as they unfold. Google Images. N.p., n.d. Web. 19 Jan. 2014. <http://images.google.com/>. Google Images has provided this project with the majority of its multimedia information. With the pictures gathered from this site, observers can create a visual story in their minds of what transpired during the time of what is being told. With these graphic depictions going through the readers mind, the story is more easily understood, and the message is more easily conveyed. Gross, John P. "Too Poor to Hire A Lawyer But Not Indigent: How States Use the Federal Poverty Guidelines to Deprive Defendants of Their Sixth Amendment Right to Counsel." Washington & Lee Law Review: 1173-219. Print. This journal was written in order to show how states, instead of creating their own rules for indigent defendants, fall back onto to the Federal Poverty Guidelines for the definition of an indigent defendant. In some cases, there are defendants who qualify for food stamps, but then are denied a lawyer by the court. The contents of this essay provides information on how even after Gideon V. Wainwright was concluded, there are still many instances in which injustice is still brought upon people with a lower income. Grossman, Steven P. "Separate But Equal: Miranda's Rights to Silence and Counsel." Marquette Law Review: 151-203. Print. This journal features the Miranda Rights to both silence and to counsel. Not only that, but also the significance of Michigan V. Mosley and Edwards V. Arizona. The importance of a suspect waiving his Miranda Rights due to police

harassment is also an issue discussed. The journal can be used to discuss the rights silence and to counsel put to use in the court and law. Harrison, Maureen, and Steve Gilbert, eds. Landmark Decisions of the United States Supreme Court. San Diego: Excellent Books, 1991. Print. Landmark Decisions Ser. In this book, the chapter that provides usable information is "Fair Trials." In this chapter, the details of Gideon V. Wainwright were contrasted to statements made by the court in cases precursor to it, focusing mainly on Betts V. Brady. The aforementioned book can be used to compare the specifics of the cases. Henek, David T. "Ensuring Miranda's Right to Counsel in U.S. Interrogations Abroad." New York Law School Law Review 57.3 (2013): 557-93. Print. Discussing the topic of the Miranda Warning, this article begins with a brief description of the Miranda case followed by the reasoning behind the theme of the article, it being the United States using the Miranda rights abroad. It then expands on the topic by discussing the good and bad consequences of such a decision. This article about the Miranda Rights (and by association of "the right to counsel" to Gideon V. Wainwright), discusses the application of this law on an international scale and reviewing the plausible long term effects of such a measure. Houppert, Karen. Chasing Gideon. New York: New Press, 2013. Print. This book, published in the same year as the 50th anniversary of Gideon V. Wainwright, is used commemorate the landmark decision of the case, and to show how the influence of that decision caused many cases since then to come to a different conclusion than without it. It's helpful in understanding some of the initial and long-term effects of the case.

Irons, Peter, and Stephanie Guitton, eds. May It Please the Court. New York: The New Press, 1993. Print. This source has a chapter aptly named "Gideon V. Wainwright" and also has a chapter over Miranda V. Arizona. The unique factor this book has is that it includes the transcript of edited and narrated arguments in these court cases, along with insight from other Justices. This provides a better understanding of the cases and ability to link specific sections of the arguments to the final court decision. Kuhns, Allison D. "'If You Cannot Afford An Attorney, Will One Be Appointed For You?: How (Some) States Force Criminal Defendants To Choose Between Posting Bond And Getting A Court Appointed Attorney." Iowa Law Review 97.5 (2012): 1787-810. Print. In this entry, the author explains how some states have, in some ways, found discrepancies in Gideon V. Wainwright that allowed for the creation of multiple definitions of a defendant being "indigent." This led some states in coming up with a difficult ultimatum for certain defendants; they can either stay in jail and keep their court appointed counsel, or choose to post bond and lose the right to their attorney. This goes directly against Gideon V. Wainwright where all accused people have the right to a court appointed counsel in any financial circumstance. Newton, Jim. Justice For All: Earl Warren and the Nation He Made. New York: Riverhead Books, 2006. Print. Earl Warren was the Chief Justice of the Supreme Court during the time of the case of Gideon V. Wainwright. This book is a biography of his life, and his decisions on many other cases. With it, a little more depth is gained when understanding how this ruling came to be. O'Neill, Augusta. "STATE CONSTITUTIONAL LAW--SELF-INCRIMINATION-WARNINGS GIVEN TO A DEFENDANT THAT HE HAD A RIGHT TO COUNSEL

PRIOR TO POLICE INTERROGATION WERE SUFFICIENT UNDER FEDERAL AND STATE INTERPRETATIONS OF SELF-INCRIMINATION LAW. RIGTERINK V. STATE, 66 SO. 3D." Rutgers Law Journal 43.4 (2013): 817-34. Print. This journal talks about the application of the Miranda warning, specifically in Rigterink v State. Not only that, but it goes into depth concerning the Miranda warning. The source also touches on the ability of a current case to overturn the ruling of an old one. The indicated source can be used to elaborate on the history of the Miranda rights and the utilization of it in other cases. "Powell V. Alabama." Laws.com. N.p., n.d. Web. 18 Jan. 2014. <http://kids.laws.com/powell-valabama>. In the law journals found pertaining to Gideon V. Wainwright, there was not much information on Powell V. Alabama. This website was used to provide more background on the case. There was also a portion of the article that was very useful, and was integrated into the website. Specifically, what the Supreme Court ruled over the case, and the constitutional rights of the boys. Pryor, Tom. "Turner V. Rogers, The Right to Counsel, and the Deficiencies of Mathews V. Eldridge." Minnesota Law Review 97.5 (2013): 1854-89. Print. This journal mainly features the case of Turner V. Rogers. Specifically, how it relates to the Due Process Clause, and that the Due Process Clause does not immediately require representation by counsel in a non-capital hearing. The previously mentioned source can be utilized by contrasting the assessment of Gideon V. Wainwright as opposed to the more current Turner V. Rogers. Schauer, Frederick. "The Miranda Warning." Washington Law Review 88.1 (2013): 155-70. Print. Described in this essay is the Miranda warning and how it has become more of an

icon in law enforcement, rather than being respected as warning it was created to be to inform the accused of their rights so as to have a fair trial after charges are filed. It also includes commentary from the author depicting how the Miranda warning, other than for the acknowledgment of the rights of the individual, is used as the primary defense against involuntary self-incrimination. This essay connects well with the issues surrounding Gideon V. Wainwright in that the problems troubling the Miranda rights today are similar to those of Gideon V. Wainwright. White, Welsh S. Miranda's Waning Protections. N.p.: University of Michigan Press, 2001. Print. The information provided by this book gives many facts about the Miranda case itself, along with the history of cases that influenced and were influenced by the Miranda case. This book will be helpful in understanding the history and reasoning behind the Miranda case and the creation of the Miranda rights. It will also help in understanding the connections between any of the other cases included in this book to Gideon V. Wainwright. YouTube. YouTube, n.d. Web. 24 Jan. 2014. <http://www.youtube.com/results?search_query=clarence%20earl%20gideon&sm=3>. This specific page of the site provided video clips for the project. All were over the main topic, and included valuable information that could be conveyed easier with a visual and auditory representation. After downloading and some editing for time, the videos were added to the project.