Does the term "standby counsel" apply to the purpose of providing assistance to a defendant during trial?

MultiRegion, United States of America

The following excerpt is from United States v. Schaefer, 19-30266 (9th Cir. 2021):

[5] In contrast to the phrases "counsel" and "counsel to represent" the defendant, which we use interchangeably here, the term "standby counsel" describes "the situation when a pro se defendant is given technical assistance by an attorney in the courtroom, but the attorney does not participate in the actual conduct of the trial." United States v. Salemo, 81 F.3d 1453, 1464 (9th Cir. 1996).

[6] The Government does not challenge that holding.

Other Questions


Does the upward adjustment of a defendant's income before trial apply to attorney defendants who assist in a fraud case? (MultiRegion, United States of America)
Is there any case law where a defendant alleges that both counsel at trial and appellate counsel rendered ineffective assistance? (MultiRegion, United States of America)
Can a criminal defendant change trial counsel during the course of the trial? (MultiRegion, United States of America)
Can a defendant be denied effective assistance of counsel in derogation of the sixth amendment if his counsel's performance was so deficient that it prejudiced his defense? (MultiRegion, United States of America)
Does a defendant who dismisses his counsel on the eve of trial have been deprived of his right to retain counsel of his choice? (MultiRegion, United States of America)
Can a defendant be deprived of effective assistance of counsel if he and his counsel are embroiled in irreconcilable conflict? (MultiRegion, United States of America)
In what circumstances will a federal court disqualify a defendant's chosen counsel for failing to disqualify the trial counsel because of a conflict of interest? (MultiRegion, United States of America)
What is the test for severing a trial of a defendant who contends that a co-defendant would offer exculpatory testimony at a separate trial? (MultiRegion, United States of America)
Does a defendant have the right to defend herself in a civil proceeding without the assistance of counsel? (MultiRegion, United States of America)
Is a plaintiff denied effective assistance of counsel because her counsel did not request a jury trial? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.