McKaskle v. Wiggins
Encyclopedia
McKaskle v. Wiggins, 465 U.S. 168
(1984), is a United States Supreme Court case in which the court considered the role of standby counsel in a criminal trial
where the defendant conducted his own defense (pro se). In this case the defendant claimed his Sixth Amendment
right to present his own case in a criminal trial
was violated by the presence of a court-appointed standby counsel.
and chose to proceed pro se and was convicted and sentenced to life imprisonment
. The conviction was overturned on the technicality, that the indictment was defective and Wiggins requested counsel for the second trial. The trial court appointed standby counsel to assist him if requested. Wiggins decided to defend himself and asked that the standby counsel be barred from interfering. Multiple times, both before and during the trial, Wiggins changed his mind regarding the standby counsels' role. Wiggins sometimes allowed or even requested standby counsels' participation. He was once again convicted. After his conviction, Wiggins moved for a new trial on the grounds that his standby counsel had interfered with his presentation of his own defense. This motion was denied by the trial court.
, he filed a habeas petition in Federal District Court
, claiming that standby counsel's conduct deprived him of his constitutional right to conduct his own defense as guaranteed in Faretta v. California
(1975). The federal court agreed that counsel should not interfere without permission but found that Wiggins' attorneys had not interfered and the appeal was dismissed.
Upon appeal the Court of Appeals
reversed, holding that Wiggins' Sixth Amendment right to represent himself was violated by the intrusive participation of the court-appointed standby counsel.
The decision was based federal and state laws preserving a defendant's right to self-representation as guaranteed in Faretta (1975). Self-representation includes certain specific rights for a defendant to have his opinion heard. "The pro se defendant must be allowed to control the organization and content of his own defense, to make motions, to argue points of law, to participate in voir dire, to question witnesses, and to address the court and the jury at appropriate points in the trial. The record reveals that Wiggins was in fact accorded all of these rights."
regarding standby counsels' role.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1984), is a United States Supreme Court case in which the court considered the role of standby counsel in a criminal trial
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
where the defendant conducted his own defense (pro se). In this case the defendant claimed his Sixth Amendment
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
right to present his own case in a criminal trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
was violated by the presence of a court-appointed standby counsel.
Circumstances
Carl Edwin Wiggins was on trial for RobberyRobbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
and chose to proceed pro se and was convicted and sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
. The conviction was overturned on the technicality, that the indictment was defective and Wiggins requested counsel for the second trial. The trial court appointed standby counsel to assist him if requested. Wiggins decided to defend himself and asked that the standby counsel be barred from interfering. Multiple times, both before and during the trial, Wiggins changed his mind regarding the standby counsels' role. Wiggins sometimes allowed or even requested standby counsels' participation. He was once again convicted. After his conviction, Wiggins moved for a new trial on the grounds that his standby counsel had interfered with his presentation of his own defense. This motion was denied by the trial court.
Appeals
When Wiggins had exhausted both direct appellate and state habeas corpusHabeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, he filed a habeas petition in Federal District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
, claiming that standby counsel's conduct deprived him of his constitutional right to conduct his own defense as guaranteed in Faretta v. California
Faretta v. California
Faretta v. California, 422 U.S. 806 , was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.-Facts of the case:...
(1975). The federal court agreed that counsel should not interfere without permission but found that Wiggins' attorneys had not interfered and the appeal was dismissed.
Upon appeal the Court of Appeals
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
reversed, holding that Wiggins' Sixth Amendment right to represent himself was violated by the intrusive participation of the court-appointed standby counsel.
Decision
In a split 6–3 decision, the court found that Wiggins' right to present 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." Judge Sandra Day O'Conner delivered the opinion of the Court, in which Chief Justice Burger, Powell, Rehnquist, and Stevens joined. Blackmun concurred in the result. White filed a dissenting opinion in which Brennan and Marshall joined.The decision was based federal and state laws preserving a defendant's right to self-representation as guaranteed in Faretta (1975). Self-representation includes certain specific rights for a defendant to have his opinion heard. "The pro se defendant must be allowed to control the organization and content of his own defense, to make motions, to argue points of law, to participate in voir dire, to question witnesses, and to address the court and the jury at appropriate points in the trial. The record reveals that Wiggins was in fact accorded all of these rights."
Significance
This case set a precedent for the boundaries on the behavior of standby counsel by refining the position taken in Faretta v. CaliforniaFaretta v. California
Faretta v. California, 422 U.S. 806 , was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.-Facts of the case:...
regarding standby counsels' role.