Times and Justice Change

On more than one occasion I have sought through prayer the justice exemplified through the Gideon case memorialized at the Bay County courthouse…..
I just love hearing stories about how certain things came to be the way they are. I was at the courthouse one day with a young lady and we parallel parked on the street next to the Gideon  case’s historical marker that occurred here in Bay County. I told her about the book and movie, “Gideon’s Trumpet”, the story of Clarence Earl Gideon. She listened as I told her the story of Gideon v. Wainwright and the Supreme Court’s landmark decision that gave criminal defendants the right to an attorney even if they cannot afford it. I must say that, having been in situations with public defenders at times, she was a bit skeptical, stating that they (public defenders and states’ attorneys) are all in cahoots together. I reminded her that there are people who are committed to justice and to trust the system. That day she received a very affirming view of the system at work, including her own defenders, the prosecutors, and the judge. Thank you, Gideon, for proving that justice is sometimes reflected in the day to day decisions of people, even though it may require a lot of effort to get there!
Another matter of justice came to my attention when it came to administration of my husband’s estate after his death and having the rights as a widow and beneficiary.  I am now a property owner in my own name alone after 48 years of being on the other side of the “or” on deeds and mortgages, The home pictured above is one the Bill and I built in 1988 in another community. I am relieved to have both the sale of our most recent home at Deerpoint Lake and the purchase of a new, downsized home for me completed.  Yay for property ownership.  I am glad when women with whom I work get to the point of being able to envision themselves owning their own homes one day.
.Proverbs 31:16 “She considereth a field & buyeth it & with her hands she planteth it.”   The story below is about women and property rights….
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Southern writer and artist Beth Yarbrough tells this story about women and home ownership:
“Amanda Cardwell Smith woke up one morning in Madison, Georgia in the year 1863 to discover that her husband, Junius, had lost their house in a poker game.
In the annals of dumb hubby moves recorded by long-suffering wives (which is a pretty thick volume, as all wives know), this stunt ranks right up there – even more so when you consider that the house was given to Amanda by her father. The deed only bore her husband’s name because that’s how they did it in Georgia in the year 1863.
According to Morgan County history, a controversy ensued. Imagine that. The winner of the poker game, one James Mann, took possession of the house, but he did so under the strong objection of one royally enraged Mrs. Junius Smith.
In a case of losing the battle but winning the war – Amanda Smith did not get her house back. However – the stink that she caused, the ruckus that she raised, the hell-hath-no-fury that she unleashed in the process did eventually result in a new Georgia law which was enacted in the year 1869. It provided that women could, from that point forward, own property in their own names.
And while that took care of the technicalities, it certainly didn’t provide for what should be done with Junius P. Smith. The courts wisely left that up to his wife. Lord help him. Bless his heart.
For more scenes from around the South, please visit our full page at  www.facebook.com/BethYarbroughSouthernVoice”
3/11/26-  FB   https://www.facebook.com/share/p/1abG4w7ArH/?mibextid=wwXIfr

In 1961, a 51-year-old drifter named Clarence Earl Gideon was living in Panama City, surviving on odd jobs and whatever work he could find. He had left school after eighth grade. He moved often. He had brushes with the law. He was not influential or well connected. If anything, he was invisible.

On June 3, 1961, a local pool hall was broken into. Someone forced open a cigarette machine and jukebox, taking beer, wine, and about sixty-five dollars. It was minor—but still a felony under Florida law. A witness placed Gideon at the scene earlier that day. That was enough. He was arrested and charged.

In August, Gideon stood alone in court. He had no lawyer and no money. He asked the judge to appoint one.

The judge refused.

Under Florida law at the time, attorneys were appointed only in capital cases—where the death penalty was possible. Gideon’s charge didn’t qualify.

He objected politely, saying he believed the Constitution guaranteed him counsel. The judge followed existing precedent. So Gideon defended himself.

He questioned witnesses. Tried to object. Spoke directly to jurors. But he didn’t know the rules of evidence or courtroom strategy. He was facing trained prosecutors with none of the training.

He was convicted and sentenced to five years.

For most people, that would have been the end.

But Gideon believed something fundamental was wrong.

From prison, he began studying law books. He learned that prisoners could petition the Supreme Court of the United States directly if constitutional rights had been violated.

On January 8, 1962, using pencil and prison stationery, he wrote a five-page petition. The handwriting was neat but unpolished. The argument was simple:

The Sixth Amendment guarantees the right to counsel.

He was denied a lawyer because he was poor.

That violated the Constitution.

The Court receives thousands of petitions each year. Most are denied.

But the justices saw something bigger.

In 1942, in Betts v. Brady, the Court had ruled that states did not always have to provide attorneys to indigent defendants. Many justices had grown uneasy with that decision.

Gideon’s case offered a chance to revisit it.

The Court agreed to hear it. They appointed respected attorney Abe Fortas to argue on Gideon’s behalf.

The man who couldn’t afford a lawyer now had one of the nation’s best arguing before the highest court.

On January 15, 1963, Fortas argued that counsel is essential to a fair trial. Without a lawyer, a defendant—especially in a felony case—stands little chance.

The question wasn’t convenience.

It was justice.

On March 18, 1963, the Court delivered its decision in Gideon v. Wainwright.

Unanimous. 9–0.

Justice Hugo Black wrote that in America, a person too poor to hire a lawyer cannot receive a fair trial unless counsel is provided.

The Court overturned Betts v. Brady. States were now required to provide attorneys to defendants who could not afford them in criminal cases.

Gideon received a new trial.

This time, he had a court-appointed attorney, Fred Turner. Turner investigated thoroughly and challenged the prosecution’s case, which proved weaker than first presented.

On August 5, 1963, after less than an hour of deliberation, the jury acquitted him.

Same man.

Same charge.

Nearly the same evidence.

The difference was a lawyer.

The ruling reshaped American justice. States established public defender systems. Thousands of convictions were reconsidered. The principle became clear:

Justice cannot depend on wealth.

Gideon did not become wealthy or famous. He lived modestly and died in 1972 at age 61.

But his persistence altered constitutional law forever.

Today, when someone charged with a serious crime cannot afford an attorney, the court must appoint one.

That right feels obvious now.

It became obvious because a man in a prison cell, with no formal legal training and nothing but a pencil, insisted that the Constitution applied to him too.

He wasn’t perfect. He wasn’t powerful.

But he believed fairness should not be reserved for those who could pay.

And because he believed that, equal justice under law moved a little closer to reality for everyone.

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