McKaskle v. Wiggins (1983)

Docket
82-1135
Decided
1983-01-01

Summary

Question: Does the presence of standby counsel violate a defendant’s Sixth Amendment right to represent himself? Conclusion: No. Justice Sandra Day O’Connor delivered the opinion of the 6-3 majority. The Court held that the Sixth Amendment does not guarantee the right to self-representation completely free from the presence of standby counsel. Rather, the Sixth Amendment protects the defendant’s right to “control the organization and content of his own defense.” The Court held that Wiggins was afforded all appropriate rights and that the presence of standby counsel did not interfere with the exercise of these rights. Justice Harry A. Blackmun concurred in the result. Justice Byron R. White wrote a dissenting opinion, arguing that the Sixth Amendment protected a defendant’s right to present his case entirely without the mediation of a court-appointed attorney. Although Wiggins’ standby counsel was appointed in a purely advisory capacity, the attorneys regularly intervened and could have undermined Wiggins’ defense strategy. Justice William J. Brennan, Jr. and Justice Thurgood Marshall joined in the dissent.

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