May a Standby Counsel Participate In the Trial Proceedings ?
In Martinez v. Court of Appeal of California, Fourth Appellate District, 528 U.S. 152, 120 S. Ct. 684, 145 L. Ed. 2d 597 (2000), a case involving the participation of standby counsel rather than court counsel, the Supreme Court also noted 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 undermine' the 'appearance before the jury' that the defendant is representing himself." Martinez, 528 U.S. at 162 (quoting McKaskle v. Wiggins, 465 U.S. 168, 187, 104 S. Ct. 944, 79 L. Ed. 2d 122 (1984)).