76, 473 F.2d 1113 (1972), in which we find this statement: "The utility of an amicus appointment is dependent on explanation to and cooperation by [the] defendant, and on understanding, too, that he may claim with some merit that his pro se rights include his right to appear before the jury in the status of one defending himself, and that this is defeated if a too conspicuous role is played by an attorney, unless it clearly appears to the jury that he does not have the status of defense counsel."

BLACKMUN, J., concurred in the result. JUSTICE O'CONNOR delivered the opinion of the Court. Blackmun concurred in the result. The trial judge repeatedly explained to all concerned that Wiggins' strategic choices, not counsel's, would prevail. "THE COURT: Well, Mr. Graham is a competent attorney and he has much experience in this type of thing and I am sure what he is trying to do is what he thinks is best for you. Id., at 12-13, 65, 210, 223-224, 306-308, 341-342, 345-346, 414-415, 427, 430, 450, 477-478.

"THE COURT: His availability, yes. Chaque lettre qui apparaît descend ; il faut placer les lettres de telle manière que des mots se forment (gauche, droit, haut et bas) et que de la place soit libérée. Accordingly, we make explicit today what is already implicit in Faretta: A defendant's Sixth Amendment rights are not violated when a trial judge appoints standby counsel — even over the defendant's objection — to relieve the judge of the need to explain and enforce basic rules of courtroom protocol or to assist the defendant in overcoming routine obstacles that stand in the way of the defendant's achievement of his own clearly indicated goals. Wiggins initially objected to their presence.

Particularly when the trial court has expressly refused to order standby counsel to serve in a purely advisory capacity, a pro se defendant cannot reasonably be expected to object to counsel's every action. As indicated above, however, the Court of Appeals would not hold that every instance of volunteered assistance or even every series of such instances would violate a defendant's rights. Help yourself. But see People v. Sharp, 7 Cal.3d 448, 462-463, 499 P.2d 489, 498 (1972), cert.

After granting Wiggins' request that he be allowed to represent himself, the trial court designated his two appointed attorneys as standby counsel and made it clear that they served in a purely advisory capacity.

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Under the Court's new test, it is necessary to determine whether the pro se defendant retained "actual control over the case he [chose] to present to the jury," ante, at 178, and whether standby counsel's participation "destroy[ed] the jury's perception that the defendant [was] representing himself," ibid.

Changer la langue cible pour obtenir des traductions.

"MR. GRAHAM: Objection, Your Honor. Contributor Names O'Connor, Sandra Day (Judge) Supreme Court of the United States (Author)
* Enter a valid Journal (must ○   jokers, mots-croisés Id., at 88, 473 F.2d, at 1125 (footnote omitted).

Although the trial court appears to have resolved the conflicts calling for a ruling in Wiggins' favor, their mere existence disrupted the proceedings and turned the trial into an ordeal through which the jury was required to suffer.

"); Uniform Rule of Criminal Procedure 711 (1974) (same); On several other occasions Wiggins strongly opposed the initiatives of counsel. I agree that the trial judge himself should not be burdened with educating the defendant in trial procedure and that he should be able to insist that the defendant learn what he needs to know, At his state robbery trial, respondent was permitted to proceed, A defendant's right to self-representation plainly encompasses certain specific rights to have his voice heard.

Id., at 347-348.

Prior to the first trial, a hearing was held on Wiggins' motion to proceed, This request read in pertinent part: "I have been indicted four (4) times of the same offense .

Nonetheless, we believe that a categorical bar on participation by standby counsel in the presence of the jury is unnecessary. At the outset the trial judge carefully explained to the jury that Wiggins would be appearing. (1983) U.S. Reports: McKaskle v. Wiggins, 465 U.S. 168. Please log in or sign up for a free trial to access this feature. With all due respect, I dissent and would affirm the judgment of the Court of Appeals. Id., at 384. The trial court informed Wiggins that he would receive counsel's aid whether he wanted it or not, and it refused to instruct standby counsel not to volunteer their assistance without a request from Wiggins. Wiggins made an opening statement to the venire, id., at 101-103, and examined 33 individual venirepersons. After numerous disagreements between Wiggins and counsel, Wiggins was again moved to request the assistance of the trial court: "DEFENDANT: May I say it is peculiar to me, Your Honor and I would really appreciate it if I could . "[4] Judge Sandra Day O'Conner delivered the opinion of the Court, in which Chief Justice Burger, Powell, Rehnquist, and Stevens joined.

Id., at 397. App. Unlike other constitutional rights, the right to represent oneself is not `result-oriented.' O'CONNOR, J., delivered the opinion of the Court, in which BURGER, C.J., and POWELL, REHNQUIST, and STEVENS, JJ., joined. 1983. Id., at 11a.

When counsel moved to quash a jury panel, for example, Wiggins joined the motion. Id., at 275 (emphasis in original). Les jeux de lettre français sont : The trial court appointed Benjamin Samples. En poursuivant votre navigation sur ce site, vous acceptez l'utilisation de ces cookies.

He argues that the Faretta right will be eviscerated if counsel is allowed to argue with the defendant, make motions to the court contrary to the defendant's wishes, and take other steps not specifically approved by the defendant. These included a motion for acquittal, a motion to question a witness out of the presence of the jury, and a motion for the appointment of an investigator.

If some problem or situation arises, I will act on it at that time. Wiggins was given abundant opportunity to argue his contentions to the court. . "MR. GRAHAM: I will sit third chair from now on.

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A trial judge, who in any event receives a defendant's original, Although this is self-evident, it is also easily overlooked. It arrives at this conclusion by applying a two-part test that, in my judgment, provides little or no guidance for counsel and trial judges, imposes difficult, if not impossible, burdens on appellate courts, and undoubtedly will lead to the swift erosion of defendants' constitutional right to proceed pro se. Unlike other constitutional rights, the right to represent oneself is not `result-oriented.' Wiggins elected to go to the jury at the punishment phase of his trial, id., at 69, and he argued his case to the jury at that stage as well, id., at 540-541. A-78 — A-81; Record 679, 700-701, 716-717, and undoubtedly reduced Wiggins' credibility and prejudiced him in the eyes of the jury. ABA Standards for Criminal Justice 4-5.2 (2d ed.

"DEFENDANT: I appreciate that, Your Honor, but for assistant counsel to initiate something that the defendant does not want, I would like to consult the attorneys for advice.

Id., at 310. Id., at 64-66.

The District Court denied the habeas petition, but the Court of Appeals for the Fifth Circuit reversed.

Although this is self-evident, it is also easily overlooked. Wiggins has abandoned that objection; he now contends only that his Faretta right to present his defense pro se was impaired by the distracting, intrusive, and unsolicited participation of counsel throughout the trial. 1980). As Wiggins contends, the objectives underlying the right to proceed. United States v. Martinez, 597 F.2d 509, 510-511 (CA5), cert. JUSTICE WHITE, with whom JUSTICE BRENNAN and JUSTICE MARSHALL join, dissenting. Id., at 345-346.

When pretrial proceedings began on June 4, 1973, Wiggins announced that he would be defending himself pro se; he then firmly requested that counsel not be allowed to interfere with Wiggins' presentations to the court.

On other occasions Wiggins simply did not react to standby counsel's participation.

See id., at 243, 246; 447, 449. These involved pedestrian matters such as hearsay, leading the witness, calling for a conclusion, evidence not in the record, and so on.

Held: Respondent's Sixth Amendment right to conduct his own defense was not violated, since it appears that he was allowed to make his own appearances as he saw fit and that his standby counsel's unsolicited involvement was held within reasonable limits. The court granted the motion, Record 4a, but simultaneously appointed two attorneys to act as standby counsel. If, as is the case here, counsel acted with substantial autonomy and significantly interfered with the pro se defendant's presentation of his defense, reversal should follow automatically without any inquiry into the question whether the constitutional violation likely affected the outcome of the trial.

To the extent that the Court rests on the proposition that not every transgression of standby counsel constitutes reversible error, I have no quarrel with its reasoning. Multiple times, both before and during the trial, Wiggins changed his mind regarding the standby counsels' role. Cf. Id., at 66-67.

On two occasions Graham interrupted a witness' answer to a question put by Wiggins. The District Court denied the petition, but the Court of Appeals reversed, holding that respondent's Sixth Amendment right of self-representation was violated by the unsolicited participation of overzealous standby counsel.

Though several of these incidents are regrettable, we are satisfied that counsel's participation outside the presence of the jury fully satisfied the first standard we have outlined. A trial court's tolerance of isolated and innocuous participation by standby counsel could perhaps be characterized — in line with the Court of Appeals' holding — as harmless constitutional error; one also could conclude that such participation simply does not rise to the level of a constitutional violation.

The intrusions by counsel at Wiggins' trial were simply not substantial or frequent enough to have seriously undermined Wiggins' appearance before the jury in the status of one representing himself. The normal operation of the harmless error doctrine is in cases where the challenged error concerns a right accorded the defendant to facilitate his defense or to insulate him from suspect evidence. "The right to defend is personal," Faretta, 422 U.S., at 834, and the text and structure of the Sixth Amendment, as well as the common-law jurisprudence from which the Amendment emerged, comport with "a nearly universal conviction, on the part of our people as well as our courts, that forcing a lawyer upon an unwilling defendant is contrary to his basic right to defend himself if he truly wants to do so." .

The disruptive, vexatious, and possibly prejudicial effects of repeated bench conferences have long been recognized, Although the Court attributes counsel's extensive participation in the penalty phase of the trial to a conclusion by Wiggins that appearing, It also seems to me that if a standard different from that applied by the Court of Appeals is to govern this case, the. In my view, the Court of Appeals announced a proper standard, one that is wholly consistent with Faretta's ruling that "a State may — even over objection by the accused — appoint a `standby counsel' to aid the accused if and when the accused requests help," Faretta v. California, 422 U.S., at 835, n. 46, and applied it in an acceptable way.

The right to present and control one's own defense means little indeed if one's "standby" attorneys remain free to take any action they choose, whether consistent with the desired defense or inimical to it, at any point during the trial.


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