Martinez v. Court of Appeal of Cal., Fourth Appellate Dist., 528 U.S. 152, 11 (2000)

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162

MARTINEZ v. COURT OF APPEAL OF CAL., FOURTH APPELLATE DIST.

Opinion of the Court

422 U. S., at 835 (quoting Johnson v. Zerbst, 304 U. S. 458, 464-465 (1938)), and most courts require him to do so in a timely manner.11 He must first be "made aware of the dangers and disadvantages of self-representation." 422 U. S., at 835. A trial judge may also terminate self-representation or appoint "standby counsel"—even over the defendant's objection—if necessary. Id., at 834, n. 46. We have further held that standby counsel may participate in the trial proceedings, even without the express consent of the defendant, as long as that participation does not "seriously undermin[e]" the "appearance before the jury" that the defendant is representing himself. McKaskle v. Wiggins, 465 U. S. 168, 187 (1984). Additionally, the trial judge is under no duty to provide personal instruction on courtroom procedure or to perform any legal "chores" for the defendant that counsel would normally carry out. Id., at 183-184. Even at the trial level, therefore, the government's interest in ensuring the integrity and efficiency of the trial at times outweighs the defend-ant's interest in acting as his own lawyer.

In the appellate context, the balance between the two competing interests surely tips in favor of the State. The status of the accused defendant, who retains a presumption of innocence throughout the trial process, changes dramatically when a jury returns a guilty verdict. We have recognized this shifting focus and noted:

"[T]here are significant differences between the trial and appellate stages of a criminal proceeding. The purpose of the trial stage from the State's point of view is to convert a criminal defendant from a person presumed innocent to one found guilty beyond a reasonable doubt. . . .

"By contrast, it is ordinarily the defendant, rather than the State, who initiates the appellate process, seeking not to fend off the efforts of the State's prosecutor

11 See id., at 544-550 (collecting cases).

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