Original Text Version of
Petition to Supreme Court, 1962
In the Supreme Court of the United States
October Term, 1961
No. 890 Misc.
Clarence Earl Gideon, Petitioner
H.G. Cochran, Jr., Director, Division of Corrections. State of Florida, Respondent
Petitioner, Clarence Earl Gideon received a copy of the response of the respondent in the mail dated sixth day of April, 1962.
Petitioner can not make any pretense of being able to answer the learned Attorney General of the State of Florida because the petitioner is not an attorney or vessed in law nor does not have the law books to copy down the decisions of this Court. But the petitioner knows there is many of them. Nor would the petitioner be allowed to do so. According to the book of Revised Rules of the Supreme Court of the United States sent to me by Clerk of the same Court. The response of the respondent is out of time (Rule #24). Under this rule the respondent has thirty days in which to make a response.
The respondent claims that a citizen can get a equal and fair trial without legal counsel.
That the constitution of the United States does not apply to the State of Florida.
Petitioner thinks that the fourteenth amend. makes this so.
Petitioner will attempt to show this Court that a citizen of the State of Florida cannot get a just and fair trial without the aid of counsel.
Petitioner when he wrote his petition for Writ of Habeas Corpus to the Florida Supreme Court and his petition to this Court for a Writ of Certiorari and this brief was and is not allowed to send out a prepared petition. Petitioner is required to write his petition under duress or as the Attorney General states, under physical restrain. If the petitioner had a attorney he could send out any kind of a petition he was so minded to. Which shows he can not have equal rights to the law unless he does have a attorney.
The same thing applies to the lower court. If the petitioner would of had a attorney there would not of been allowed such things as hearsay perjury or Bill of attainer against him.
Petitioner claims that there was never the crime of Breaking and Entering ever committed. At that time he call to the Federal Bureau of Investigation for help at Panama City, Fla., but was told they could not do nothing about it.
Respondent claims that I have no right to file petitions for a Writ of Habeas Corpus. Take away this right to a citizen and there is nothing left.
It makes no difference how old I am or what color I am or what church I belong too if any. The question is I did not get a fair trial. The question is very simple. I requested the court to appoint me attorney and the court refused. All countrys try to give there Citizens a fair trial and see to it that they have counsel.
Petitioner asks of this court to disregard the response of the respondent because it was out of Time and because the Attorney General did not have one of his many assistant attorney generals to help me a citizen of the State of Florida to write my petition or this brief. But instead force me to write these petitions under duress. On this basis it is respectfully urged that the petition for Writ of Certiorari shall be issue.