Killercop: "I'd like to know, on the record, the court's authority to foist further counsel upon me?"

Judge A. Howard Matz of @BirdMarella: "There's no issue and no question that I have the authority. I am not going to debate the law with you!"

REPRESENTATION -V- ASSISTANCE

THERE IS A DIFFERENCE.

A foisted counsel rule is good for America!

Foisted Counsel -v- Standby Counsel -v- Advisory Counsel = no effective Assistance of Counsel

"Only one tribunal ever adopted a practice of forcing counsel upon an unwilling defendant in a criminal proceeding. The tribunal was the Star Chamber."-U.S. v Faretta , 422 U.S. 806 (1975)

OUTSIDE, IT'S AMERICA

REASONABLE DOUBT

"Silence in the face of evil is itself evil: God will not hold us guiltless.
Not to speak is to speak. Not to act is to act." ― Dietrich Bonhoeffer

(c) 1995-2026

All Rights Reserved

The FOISTED Counsel, FOISTED Standby Counsel and FOISTED "Advisory" Counsel Clause Of the Con-Stitution

Once a district court has determined that a defendant's waiver of his right to counsel is knowing and intelligent, it may appoint standby or "advisory" counsel to 'assist' the pro se defendant without infringing on his right to self-representation. McKaskle v. Wiggins, 465 U.S. 168, 176-77 (1984).

DOUBLE SPEAK

At the same time, a defendant who waives his right to counsel does not have a right to advisory counsel. United States v. Salemo, 81 F.3d 1453, 1460 (9th Cir. 1996); United States v. Kienenberger, 13 F.3d 1354, 1356 (9th Cir. 1994).

Generally, the role of standby counsel is vague and undefined, and the defendant must retain control over his case. McKaskle, 465 U.S. at 177-78.

Suspicion that viewpoint discrimination is afoot is at its zenith when the speech restricted is speech critical of the government," Ridley v. Mass. Bay Transp. Auth., 390 F.3d 65, 86 (1st Cir. 2004)

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