Does a defendant have a right to both be represented by counsel and participate in the presentation of his case?

California, United States of America


The following excerpt is from People v. Davis, B252614 (Cal. App. 2015):

13. " 'It is settled that a criminal defendant does not have a right both to be represented by counsel and to participate in the presentation of his own case. Indeed, such an arrangement is generally undesirable.' " (People v. D'Arcy, supra, 48 Cal.4th at pp. 281-282.) " '[N]one of the "hybrid" forms of representation, whether labeled "cocounsel," "advisory counsel," or "standby counsel," is in any sense constitutionally guaranteed.' [Citation.]" (Id. at p. 282.)

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