mckaskle wiggins argued november decided january state robbery trial respondent permitted proceed pro se trial appointed standby counsel assist trial respondent frequently changed mind regarding standby counsel role objecting counsel participation occasions agreeing occasions following conviction respondent unsuccessfully moved new trial ground standby counsel unfairly interfered presentation defense exhausting direct appellate state habeas corpus review respondent filed habeas petition federal district claiming standby counsel conduct deprived right present defense guaranteed faretta california district denied petition appeals reversed holding respondent sixth amendment right violated unsolicited participation overzealous standby counsel held respondent sixth amendment right conduct defense violated since appears allowed make appearances saw fit standby counsel unsolicited involvement held within reasonable limits pp counsel clause sixth amendment implies right defendant conduct defense assistance counsel trial record reveals respondent accorded rights pro se defendant control organization conduct defense make motions argue points law participate voir dire question witnesses address jury appropriate points trial pp objectives affirming pro se defendant dignity autonomy allowing presentation may best possible defense achieved without categorically silencing standby counsel determining whether defendant faretta rights respected primary focus must whether fair chance present case way rights however impose limits extent standby counsel unsolicited participation first pro se defendant entitled preserve actual control case chooses present jury second standby counsel participation without defendant consent allowed destroy jury perception defendant representing pp appearance pro se defendant undermined standby counsel participation outside jury presence case incidents respondent complains occurred jury courtroom incidents regrettable counsel participation fully satisfied first limitation noted respondent given ample opportunity present position every matter discussed conflicts respondent counsel resolved respondent favor pp standby counsel participate jury presence defendant may legitimately claim excessive involvement counsel destroy appearance defendant acting pro se nevertheless categorical bar counsel participation unnecessary respondent pro se efforts undermined primarily changes mind regarding counsel role difficult determine much counsel participation fact contrary respondent desires defendant given opportunity elects counsel appear jury complaints concerning counsel subsequent unsolicited participation lose much force pro se defendant invites agrees substantial participation counsel subsequent appearances counsel must presumed defendant acquiescence least defendant expressly unambiguously renews request standby counsel silenced pp defendant sixth amendment rights violated trial judge appoints standby counsel even defendant objection relieve judge need explain enforce basic rules courtroom protocol assist defendant overcoming routine obstacles stand way achievement clearly indicated goals respondent trial significant part standby counsel participation involved basic procedures none interfered respondent control defense undermined appearance jury status pro se defendant pp aside standby counsel participation either approved respondent attendant routine clerical procedural matters counsel unsolicited comments front jury substantial frequent enough seriously undermined respondent appearance jury status representing pp delivered opinion burger powell rehnquist stevens joined blackmun concurred result white filed dissenting opinion brennan marshall joined post leslie benitez assistant attorney general texas argued cause petitioner brief jim mattox attorney general david richards executive assistant attorney general nancy simonson assistant attorney general craig smyser appointment argued cause pro hac vice filed brief respondent respondent filed brief pro se justice delivered opinion faretta california recognized defendant sixth amendment right conduct defense also held trial may appoint standby counsel assist pro se defendant defense today must decide role standby counsel present trial defendant objection may play consistent protection defendant faretta rights carl edwin wiggins convicted robbery sentenced life imprisonment recidivist conviction set aside defective indictment wiggins retired convicted sentenced life imprisonment standby counsel appointed assist wiggins trials wiggins challenges counsel participation second trial prior first trial hearing held wiggins motion proceed pro se granted motion record simultaneously appointed two attorneys act standby counsel wiggins initially objected presence shortly thereafter however counsel asked wiggins conduct trial wiggins expressly requested bring appropriate objections directly attention without first consulting trial newly appointed counsel discovered original indictment defective new trial granted april two months second trial began wiggins filed request appointed counsel stating wished rescind earlier waiver counsel app next day wiggins filled signed form captioned petition appointment counsel order thereon trial appointed benjamin samples month later wiggins filed additional request counsel five days later wiggins filled another appointment counsel form trial appointed norvell graham wiggins wishes respecting appointed counsel remained volatile second trial approached pretrial proceedings began june wiggins announced defending pro se firmly requested counsel allowed interfere wiggins presentations record wiggins reaffirmed desire proceed pro se following morning june objected even insistence counsel remain available consultation trial began later day shortly thereafter wiggins interrupted witness consult graham record still later wiggins expressly agreed allow graham conduct voir dire another witness wiggins started next day trial june request trial proceed samples absence courtroom later morning wiggins requested counsel allowed assist interrupt short wiggins interrupted witness confer samples record trial reconvened afternoon wiggins agreed proceed samples absence samples returned however wiggins interrupted witness confer later wiggins insisted counsel initiate private consultations end day wiggins found occasion interrupt examination witness confer samples following day june wiggins agreed graham make wiggins opening statement jury june wiggins willing trial proceed absence one standby counsel following conviction wiggins moved new trial july hearing wiggins motion denounced services standby counsel provided insisted unfairly interfered presentation defense exhausting direct appellate state habeas review wiggins filed petition federal habeas corpus relief argued standby counsel conduct deprived right present defense guaranteed faretta district denied habeas petition appeals fifth circuit reversed wiggins estelle rehearing denied appeals held wiggins sixth amendment right violated unsolicited participation overzealous standby counsel rule establish today standby counsel seen heard mean compete defendant supersede defense rather presence advisory purposes used used defendant sees fit omitted ii faretta considered case criminal defendant required present defense exclusively counsel held accused sixth amendment right conduct defense provided knowingly intelligently forgoes right counsel able willing abide rules procedure courtroom protocol faretta concluded nless accused acquiesced representation counsel defense presented defense guaranteed constitution real sense defense faretta holding based longstanding recognition right federal state courts language structure spirit sixth amendment amendment accused counsel must informed nature cause accusation right confront witnesses must accorded compulsory process obtaining witnesses favor counsel clause permits accused assistance counsel defence implies right defendant conduct defense assistance counsel trial defendant right plainly encompasses certain specific rights voice heard pro se defendant must allowed control organization content defense make motions argue points law participate voir dire question witnesses address jury appropriate points trial record reveals wiggins fact accorded rights trial wiggins moved trial order preparation transcript first trial standby counsel waived receipt transcript announced ready trial record filed argued least pro se motions pretrial proceedings wiggins alone conducted defense voir dire prospective jurors made opening statement defense jury wiggins filed numerous pro se motions course trial prosecution witnesses freely registered objections throughout trial wiggins selected witnesses defense examined decided certain questions asked defense decided witnesses called counsel advice wiggins announced defense rested wiggins filed requested charges jury made objections suggested charge obtained removal one proposed charges counsel express objection approved verdict form supplied jury gave closing argument jury wiggins elected go jury punishment phase trial argued case jury stage well wiggins complaint directed limits placed participation trial clearly none directed instead allegedly inadequate limits placed standby counsel participation trial wiggins objected fact counsel remain available assist wiggins abandoned objection contends faretta right present defense pro se impaired distracting intrusive unsolicited participation counsel throughout trial iii wiggins claims appeals agreed pro se defendant may insist presenting case wholly free interruption uninvited involvement standby counsel wiggins relies primarily faretta sole reference standby counsel course state may even objection accused appoint standby counsel aid accused accused requests help available represent accused event termination defendant necessary see dougherty app view faretta logic citation dougherty case indicate absolute bar standby counsel unsolicited participation appropriate intended right appear pro se exists affirm dignity autonomy accused allow presentation may least occasionally accused best possible defense objectives achieved without categorically silencing standby counsel determining whether defendant faretta rights respected primary focus must whether defendant fair chance present case way faretta dealt defendant affirmative right participate limits standby counsel additional involvement specific rights make voice heard wiggins plainly accorded see supra form core defendant right recognize nonetheless right speak oneself entails opportunity add one voice cacophony others wiggins contends objectives underlying right proceed pro se may undermined unsolicited excessively intrusive participation standby counsel proceedings jury defendant may legitimately concerned multiple voices defense confuse message defendant wishes convey thus defeating faretta objectives accordingly faretta right must impose limits extent standby counsel unsolicited participation first pro se defendant entitled preserve actual control case chooses present jury core faretta right standby counsel participation defendant objection effectively allows counsel make substantially interfere significant tactical decisions control questioning witnesses speak instead defendant matter importance faretta right eroded second participation standby counsel without defendant consent allowed destroy jury perception defendant representing defendant appearance status one conducting defense important criminal trial since right appear pro se exists affirm accused individual dignity autonomy related contexts courts recognized defendant right present important stages trial snyder massachusetts may normally forced appear shackles prison garb estelle williams right present testimony behalf see harris new york brooks tennessee appearing jury status one defending may equally important pro se defendant jury perspective message conveyed defense may depend much messenger message defendant point view right appear pro se lose much importance lawyers courtroom know right exercised iv participation standby counsel outside presence jury engages first two limitations trial judge event receives defendant original faretta request supervises protection right throughout trial must considered capable differentiating claims presented pro se defendant presented standby counsel cf martinez cert denied penick cert denied reeves cert denied accordingly appearance pro se defendant unacceptably undermined counsel participation outside presence jury thus faretta rights adequately vindicated proceedings outside presence jury pro se defendant allowed address freely behalf disagreements counsel pro se defendant resolved defendant favor whenever matter one normally left discretion counsel incidents wiggins complains occurred jury courtroom jury absence wiggins two standby counsel frequently explained trial judge views points disagreement wiggins counsel made motions dictated proposed strategies record registered objections prosecution testimony urged summoning additional witnesses suggested questions defendant asked witnesses several occasions wiggins expressly adopted standby counsel initiatives counsel moved quash jury panel example wiggins joined motion record wiggins seconded counsel requests police report photographs least twice counsel made motion motion denied wiggins registered exception denial several occasions wiggins strongly opposed initiatives counsel resisted counsel suggestion trial postponed transcript prior trial prepared waived counsel right preparation period counsel wished invoke course pretrial discussion concerning discovery request wiggins indignantly demanded counsel participate without invitation later wiggins successfully opposed inclusion jury instructions charge counsel felt included acrimonious exchange graham wiggins occurred course questioning witness voir dire wiggins suggests exchange typical counsel overbearing conduct fails place incident context wiggins expressly agreed graham conduct voir dire wiggins attempted take questioning midstream plainly exasperated graham used profanity curtly directed wiggins though several incidents regrettable satisfied counsel participation outside presence jury fully satisfied first standard outlined wiggins given ample opportunity present position every matter discussed given time think matters explain problems concerns informally speak judge record standby counsel participated actively part orderly manner one instance overbearing conduct counsel direct result wiggins indecision question witness voir dire wiggins given abundant opportunity argue contentions equally important conflicts wiggins counsel resolved wiggins favor trial judge repeatedly explained concerned wiggins strategic choices counsel prevail every motion made wiggins granted instance counsel position adopted wiggins matter normally left defense discretion participation standby counsel presence jury problematic defendant may legitimately claim excessive involvement counsel destroy appearance defendant acting pro se turn may erode dignitary values right intended promote may undercut defendant presentation jury effective defense nonetheless believe categorical bar participation standby counsel presence jury unnecessary measuring standby counsel involvement standards described important lose sight defendant conduct defendant waive faretta rights participation counsel pro se defendant express approval course constitutionally unobjectionable defendant invitation counsel participate trial obliterates claim participation question deprived defendant control defense participation also diminishes general claim counsel unreasonably interfered defendant right appear status one defending although also easily overlooked defendant like wiggins vehemently objects beginning trial standby counsel presence courtroom may express quite different views trial progresses even insists waiving faretta rights pro se defendant solicitation acquiescence certain types participation counsel substantially undermines later protestations counsel interfered unacceptably record case reveals wiggins pro se efforts undermined primarily frequent changes mind regarding counsel role early trial wiggins insisted wished proceed entirely without assistance shortly thereafter expressly agreed counsel question witness voir dire wiggins objected vehemently counsel motions warmly embraced others initially wiggins objected standby counsel presence later refused allow trial proceed absence end agreed counsel make closing statement defense two long appearances counsel wiggins trial one jury one outside presence initiated wiggins express approval record circumstances difficult determine much counsel participation fact contrary wiggins desires moment faretta require trial judge permit hybrid representation type wiggins actually allowed defendant given opportunity elects counsel appear jury complaints concerning counsel subsequent unsolicited participation lose much force defendant constitutional right choreograph special appearances counsel pro se defendant invites agrees substantial participation counsel subsequent appearances counsel must presumed defendant acquiescence least defendant expressly unambiguously renews request standby counsel silenced faretta rights also infringed standby counsel assists pro se defendant overcoming routine procedural evidentiary obstacles completion specific task introducing evidence objecting testimony defendant clearly shown wishes complete infringed counsel merely helps ensure defendant compliance basic rules courtroom protocol procedure neither case significant interference defendant actual control presentation defense likelihood defendant appearance status one defending eroded also slight event tolerable defendant constitutional right receive personal instruction trial judge courtroom procedure constitution require judges take chores pro se defendant normally attended trained counsel matter course faretta recognized much right license abuse dignity courtroom neither license comply relevant rules procedural substantive law accordingly make explicit today already implicit faretta defendant sixth amendment rights violated trial judge appoints standby counsel even defendant objection relieve judge need explain enforce basic rules courtroom protocol assist defendant overcoming routine obstacles stand way defendant achievement clearly indicated goals participation counsel steer defendant basic procedures trial permissible even unlikely event somewhat undermines pro se defendant appearance control defense wiggins trial significant part standby counsel participation jury presence involved basic mechanics type described informing whereabouts witnesses supplying wiggins form needed elect go jury punishment phase trial explaining wiggins argue case questioning witness see record wiggins attempted introduce document evidence failed mark identification lay predicate introduction counsel trial suggestion questioned witness lay appropriate predicate wiggins resumed examination similarly trial judge repeatedly instructed wiggins consult counsel regarding appropriate procedure summoning witnesses notwithstanding wiggins several general objections presence participation counsel find aspects counsel involvement irreproachable none interfered wiggins actual control defense none reasonably thought undermined wiggins appearance jury status pro se defendant putting aside participation either approved wiggins attendant routine clerical procedural matters counsel unsolicited comments front jury infrequent part innocuous two occasions graham interrupted witness answer question put wiggins first interruption trivial second made jury briefly excused subsequently given cautionary instruction requested graham wiggins made objection standby counsel also moved mistrial three times presence jury motion response allegedly prejudicial questions comments prosecutor wiggins comment first motion opposed following two three motions immediately denied trial regrettably counsel used profanity express exasperation second occasion finally counsel played active role punishment phase trial record supplies explanation sudden change regard wiggins made objection counsel participation phase trial surmise wiggins concluded appearing pro se best interests statements made counsel guilt phase trial presence jury without wiggins express consent occupy small portion transcript unobjectionable mechanical sort standby counsel participation wiggins trial serve model future trials believe counsel involvement fell short infringing wiggins faretta rights wiggins unquestionably maintained actual control presentation defense times also persuaded wiggins allowed appear jury status one defending outset trial judge carefully explained jury wiggins appearing pro se record wiggins counsel examined prospective jurors voir dire prosecution witnesses examined witnesses made opening statement defense wiggins objected prosecutor case least often counsel wiggins closing statement jury compete one made counsel wiggins agreed advance arrangement contrast counsel interruptions wiggins witnesses questioned wiggins presence jury perfunctory counsel uninvited comments directed prosecutor interruptions present little threat defendant faretta rights least defendant view regarding objections clearly articulated rare occasions disagreements counsel wiggins aired presence jury trial judge consistently ruled wiggins favor pattern likely reinforce detract appearance wiggins controlling defense intrusions counsel wiggins trial simply substantial frequent enough seriously undermined wiggins appearance jury status one representing vi faretta affirmed defendant constitutional right appear stage trial recognize pro se defendant may wish dance solo pas de deux standby counsel must generally respect preference counsel need excluded altogether especially participation outside presence jury defendant express tacit consent defendant case allowed make appearances saw fit judgment counsel unsolicited involvement held within reasonable limits judgment appeals therefore reversed footnotes petition read comes carl edwin wiggins defendant styled numbered cause respectfully petitions appoint counsel represent said felony cause show poor employ counsel request read pertinent part indicted four times offense according higgins state snow state prosecutions dismissed according vaccp art sic tried please appoint counsel cite authorities issue also favor state find authorities indicating prosecution barred none indicating sic original emphasis included motion discovery motion set aside indictment double jeopardy claim motion limine motion special relief motion correct offense report motion discovery exculpatory material prosecutor file motion keep marked document sight jury motion sequester jury another motion limine motion change venue withdrawn defendant motion speedy trial motion jury shuffle motion witness fees wiggins made opening statement venire examined individual venirepersons included motion acquittal motion question witness presence jury motion appointment investigator pro se defendant must generally accept unsolicited help hindrance may come judge chooses call question witnesses prosecutor faithfully exercises duty present evidence favorable defense plural voices speaking defense trial one defendant amicus counsel appointed assist see brown app burger concurring part since right right exercised usually increases likelihood trial outcome unfavorable defendant denial amenable harmless error analysis right either respected denied deprivation harmless corollary however defendant exercises right appear pro se thereafter complain quality defense amounted denial effective assistance counsel faretta moreover defendant right proceed pro se exists larger context criminal trial designed determine whether defendant guilty offense charged trial judge may required make numerous rulings reconciling participation standby counsel pro se defendant objection participation nothing nature faretta right suggests usual deference judgment calls issues trial judge obtain elsewhere faretta anticipated second requirement standby counsel faretta cited three pages dougherty app find statement utility amicus appointment dependent explanation cooperation defendant understanding may claim merit pro se rights include right appear jury status one defending defeated conspicuous role played attorney unless clearly appears jury status defense counsel omitted cf aba standards criminal justice ed standby counsel may call judge attention matters favorable accused upon judge rule motion uniform rule criminal procedure mayberry pennsylvania burger concurring record see occasions wiggins simply react standby counsel participation see wiggins later came regret unavailability transcript claimed never waived right receive wiggins given full opportunity question witness graham finished graham objection honor district attorney testifying lead graham ask instruct jury disregard remarks counsel testimony case instruct jury disregard last statement made rodriguez graham notwithstanding instruction sure prejudicial require mistrial defendant honor object mistrial object counsel denied motion mistrial overruled graham jesus christ graham registered objections course prosecutor questioning witnesses closing argument involved pedestrian matters hearsay leading witness calling conclusion evidence record one made without comment wiggins sustained trial judge without argument prosecutor note first trial wiggins asked agreed standby counsel make objections without first consulting wiggins several occasions second trial wiggins expressly joined counsel objections motions might suggested fact trial interrupted several times standby counsel prevented wiggins presenting defense effectively jury line argument withstand scrutiny count jury left courtroom times time indictment read time jury retired deliberate question guilt best tell four interruptions caused standby counsel four wiggins seven likewise count conferences presence jury wiggins counsel eight appear initiated wiggins two four standby counsel determine initiated remaining three certainly trial judge expressed view wiggins responsible delays interruptions circumstances interruptions caused standby counsel significantly detract wiggins control appearance control pro se defense justice white justice brennan justice marshall join dissenting sixth amendment accords accused fundamental right assistance counsel also recognized embodies correlative right dispense lawyer help adams ex rel mccann manage one defense faretta california believe undeniable criminal prosecutions defendants better defend counsel guidance unskilled efforts nevertheless faretta establishes right counsel right one case presented competently effectively jones barnes brennan dissenting right defend personal faretta text structure sixth amendment well jurisprudence amendment emerged comport nearly universal conviction part people well courts forcing lawyer upon unwilling defendant contrary basic right defend truly wants thus accused knowingly intelligently voluntarily elects constitutionally entitled refuse services attorney develop present defense granting wiggins request allowed represent trial designated two appointed attorneys standby counsel made clear served purely advisory capacity one attorneys soon began assume active role proceedings wiggins protested counsel unsolicited participation frustrating conduct defense trial informed wiggins receive counsel aid whether wanted refused instruct standby counsel volunteer assistance without request wiggins wiggins made numerous pretrial motions directly examined witnesses state witnesses attempted argue case jury stages bifurcated trial trial go smoothly standby counsel continuously participated proceedings outside presence jury wiggins estelle rehearing denied addition making objections motions numerous cite counsel argued wiggins moved mistrial wishes several points trial twice cursed presence jury although petitioner characterizes counsel participation limited intermittent nothing truth standby counsel intervened substantial manner without wiggins permission well times course trial many interruptions precipitated direct conflicts wiggins counsel often presence jury see app although trial appears resolved conflicts calling ruling wiggins favor mere existence disrupted proceedings turned trial ordeal jury required suffer see record several points trial moreover counsel blatantly interfered wiggins attempt present defense manner calling ruling bench see app course way knowing extent wiggins defense subtly undermined adversely affected counsel extensive unsolicited participation appeals little trouble concluding counsel conduct expressly tacitly approved trial prevented wiggins conducting defense although appeals recognized trial courts empowered appoint standby counsel pro se defendants declared standby counsel seen heard standby counsel fifth circuit made clear compete defendant supersede defense rather presence advisory purposes used used defendant sees fit ibid footnotes omitted recognized cases counsel interjections innocuous reversal necessary every time overzealous counsel acting best interests client volunteer aid without prior permission continuous substantial intervention standby counsel despite wiggins repeated demands play passive role anything negative impact jury also destroyed wiggins perception conducting defense emphasis original appeals thus held state failed demonstrate wiggins prejudiced counsel participation entitled relief disagreeing several respects affirm judgment appeals ii holds standard used appeals determining whether standby counsel improperly encroached wiggins right rigid restrictive conduct standby counsel indicated however appeals hold every instance volunteered assistance even every series instances violate defendant rights understand appeals holding prevent trial judge directing defendant consult standby counsel necessary proper conduct trial insisting defendant agree ground rules respect standby counsel inject trial agree trial judge burdened educating defendant trial procedure able insist defendant learn needs know standby counsel judgment contrary view appeals announced proper standard one wholly consistent faretta ruling state may even objection accused appoint standby counsel aid accused accused requests help faretta california applied acceptable way event seems proffers poor substitute approach appeals iii observes ante faretta presented situation trial wholly denied defendant request proceed pro se required address state charges appointed attorney wiggins unlike faretta allowed proceed pro se took active role trial concludes basis examination record wiggins afforded fair chance present case way ante counsel unsolicited involvement held within reasonable limits ante arrives conclusion applying test judgment provides little guidance counsel trial judges imposes difficult impossible burdens appellate courts undoubtedly lead swift erosion defendants constitutional right proceed pro se new test necessary determine whether pro se defendant retained actual control case chose present jury ante whether standby counsel participation destroy ed jury perception defendant representing ibid although test purports protect values underlying holding faretta unclear whether achieve result long pro se defendant allowed say first prong test accords standby counsel bench trial proceeding outside presence jury virtually untrammeled discretion present factual legal argument defendant object limits placed counsel participation context actual control test apparent real first counsel may make substantially interfere significant tactical decisions ibid unless counsel directly overrides defendant strategy presence judge however apparent courts almost wholly incapable assessing subtle effects counsel participation defense second suggests conflicts pro se defendant standby counsel matter normally left defense discretion ante resolved defendant favor many disagreements produce direct conflicts requiring trial choose one position another opinion burden apparently fall pro se defendant comprehend counsel submissions create conflicts trial resolve applied way test surely prove incapable safeguarding interest individual autonomy faretta right derives although solicitous pro se defendant interests standby counsel intervenes jury test second prong suffers similar shortcomings extent trial appellate courts discern point counsel unsolicited participation substantially undermines pro se defendant appearance jury matter harbor substantial doubts decisions certain extent affirm accused individual dignity autonomy ante incompletely focusing jury views defendant majority opinion ignores faretta emphasis defendant perception criminal justice system faretta california supra implies actually adheres standard purports reject ante guide standby counsel lower courts moreover test clearly deficient instead encouraging counsel accept limited role plainly invites participate despite clients contrary instructions clients renew objections trial courts draw line trial courts required rule pro se defendants objections counsel intervention also left sea clearly must prevent standby counsel overtly muzzling pro se clients resolve certain conflicts defendants favor opinion places clear limits counsel uninvited participation instead requires trial courts make numerous subjective judgments concerning effect counsel actions defendants faretta rights trial courts generally consider isolated actions standby counsel expressly challenged pro se defendants appellate courts may position form impressions basis entire trial courts however also suffer lack clear standards inability unwillingness make factual inquiries necessitated test short believe test unworkable insufficiently protective fundamental interests recognized faretta iv inappropriateness standard made manifest conclusion conduct standby counsel case passes muster standard frequently grievously exceeding proper role standby counsel active wiggins appointed attorneys distracted wiggins usurped prerogatives altered tenor defense disrupted trial undermined wiggins perception controlled fate faretta california induced belief assuredly unfounded sincerely held nevertheless law contrive ibid see app record undoubtedly reduced wiggins credibility prejudiced eyes jury allowing intervention continue despite wiggins repeated requests cease trial clearly denied wiggins right right present control one defense means little indeed one standby attorneys remain free take action choose whether consistent desired defense inimical point trial short whatever advantage satisfaction wiggins might hoped derive see aba standards criminal justice ed surely nullified trial tolerance counsel conduct reaches different conclusion pinning blame interference right proceed pro se wiggins dissecting counsel activities discrete categories failing consider overall impact tactics course required factfinding function normally left district courts neither approach withstand scrutiny particularly trial expressly refused order standby counsel serve purely advisory capacity pro se defendant reasonably expected object counsel every action trial initial decision tend impress upon defendant futility continuing objections also repeated objections destroy impression defendant seeks convey jury accordingly defendant acquiescence violation faretta right immunize violation judicial review similarly fact pro se defendant trial approval authorized standby counsel perform discrete representational function give rise presumption defendant also sanctioned subsequent interference conduct trial event glaring intrusions counsel occurred without wiggins blessing considered isolation many types interference standby counsel pro se defense likely appear inconsequential desire compartmentalize counsel actions understandable view led ignore cumulative effect counsel frequent participation wiggins right defend extent rests proposition every transgression standby counsel constitutes reversible error quarrel reasoning trial tolerance isolated innocuous participation standby counsel perhaps characterized line appeals holding harmless constitutional error one also conclude participation simply rise level constitutional violation second formulation clearly preferable unnecessary choose resolve case since wiggins prevail either view also seems standard different applied appeals govern case content announcing remanding appeals reconsideration light standard rather undertaking apply new standard first instance course comport proper roles functions courts appeals due respect dissent affirm judgment appeals defendant honor like defend appreciate sir ask man let defend graham certainly help defendant grateful solicited assistance honor want going get help assistance obviously lawyer defendant yes sir lawyer trial go going conducted according rules law defendant yes sir might occasion going require consult proper procedure may defendant yes sir every right made available law able determine defendant appreciate honor assistant counsel initiate something defendant want like consult attorneys advice appreciate counsels sic initiate something contrary defendant defense well appreciate app waiving ten days far graham concerned defendant yes honor basis expect attorney pro se defendant yes honor fact like waive assistance may going relieve use use available case defendant yes sir ask ask graham take initiative interfere defendant may well defendant mean want graham help ask appreciate volunteer without asking well graham competent attorney much experience type thing sure trying thinks best going order anything problem situation arises act time going order defendant honor understand forcing services graham defendant availability yes defendant may except honor numerous disagreements wiggins counsel wiggins moved request assistance trial defendant may say peculiar honor really appreciate conduct defense without assistance interruptions counsel respect graham right graham sit third chair move back one notch going order graham know competent counsel let suggest unless consults thing anyway object ask questions unless requests consult know proper way something see also record notwithstanding admonition counsel continued act accord disrupt presentation wiggins defense throughout trial cogently observed related context umerous strategic tactical decisions must made course criminal trial many made circumstances allow extended consultation every experienced advocate recall disconcerting experience trying conduct examination witness follow opposing arguments judge charge client plucks attorney sleeve offering gratuitous suggestions aba standards criminal justice ed among things standby counsel actions created need numerous conferences hearing jury disruptive vexatious possibly prejudicial effects repeated bench conferences long recognized indeed expressly acknowledged trial see record attempt attribute many interruptions solely wiggins conduct unpersuasive although attributes counsel extensive participation penalty phase trial conclusion wiggins appearing pro se best interests equally plausible assumption wiggins simply gave attempted result trial approval counsel repeated interruptions guilt phase nature right defend pro se renders traditional harmless error doctrine peculiarly inapposite unlike constitutional rights right represent oneself normal operation harmless error doctrine cases challenged error concerns right accorded defendant facilitate defense insulate suspect evidence contrast recognize defendant right defend pro se primarily belief thereby stands better chance winning case rather deference axiomatic notion person ultimately responsible choosing fate including position law defendant moral right stand alone hour trial embrace consequences course action chapman omitted see moreno estelle bittaker enomoto cert denied dougherty app plattner people tyner cal app cal rptr see people sharp cal cert denied burney state cert denied state kirby neb see also walker loggins carter dissenting case trial completely denies defendant right application standard cases like one defendant allowed proceed pro se conduct appointed standby counsel inhibited ability result denigration right counsel interference characterized de minimis consistent nature right conclude violation occurred say violation harmless constitutional error case counsel acted substantial autonomy significantly interfered pro se defendant presentation defense reversal follow automatically without inquiry question whether constitutional violation likely affected outcome trial