TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 11 P35

Gale Encyclopedia of American Law Volume 11 P35 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW GIDEON V. WAINWRIGHT 327 criminal cases including misdemeanors. Also since the Fourteenth Amendment extends the protection of due process to property as well as to life and liberty the rule urged by Petitioner would require the furnishing of counsel in civil cases in federal as well as state courts. An automatic requirement that counsel be appointed in every case would not decrease the quantity of habeas corpus petitions being filed in federal courts. The trend in habeas corpus petitions is to allege lack of adequate representation and this problem will not be solved by imposition of a rule requiring automatic appointment. A decision overruling Betts would engender much new litigation. A state may not deny access to its courts on account of poverty but should not be required to equalize social and economic conditions among its citizens. If this Court should require automatic appointment of counsel under the equal protection clause of the Fourteenth Amendment states would logically he required to provide counsel in appeals and post conviction proceedings and would be required to equalize economic conditions in a number of ways. This would bring on a host of problems not contemplated under the Fourteenth Amendment. A decision reversing the present case if retroactive will allow over 5 000 hardened criminals in Florida to be set free. Retrials of these prisoners will be impossible in many cases. Florida and other states have followed the Betts rule in good faith and to overrule that decision and impose a retroactive rule requiring appointment of counsel in all cases would endanger society. ARGUMENT I. THE SUPREME COURT OF FLORIDA DID NOT ERR IN DENYING GIDEON S PETITION FOR HABEAS CORPUS. A. Petitioner Failed To Allege Any Circumstances Which Would Entitle Him To Habeas Corpus Relief On The Ground That His Right To Counsel Was Denied. In the case of Powell v. Alabama 287 . 45 this Court held that in a capital case where the defendant is unable

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