Up From Gideon



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Texas Tech Law Review


Challenges the generally prevailing celebration of Gideon v. Wainwright. Gideon held that the Sixth Amendment's requirement of appointed counsel for indigent defendants applied to the states by force of the Fourteenth Amendment. Focuses on the content of the Sixth Amendment right to appointed counsel Gideon extended to the states-a right cribbed not from 1791 but from the 1938 decision in Johnson v. Zerbst.



Paradox of Gideon, Gideon v. Wainwright, General Agreement that Gideon was a great decision, General agreement that Gideon cannot be reconciled with the traditional formal sources of constitutional law, Gideon Has not led to effective representation for all indigent defendants, Supply and demand, Johnson v. Zerbst


Donald A. Dripps, Up From Gideon, 45 Tex. Tech L. Rev. 113 (2012-2013)