United States v. David Klucka

MEMORANDUM

David Klucka appeals his misdemeanor convictions. We affirm.

The Sixth Amendment allows the defendant to make significant tactical decisions regarding his own case instead of being subjected against his will to the strategy of counsel. Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975); McKaskle v. Wiggins, 465 U.S. 168, 178 , 104 S.Ct. 944 , 79 L.Ed.2d 122 (1984). A defendant must have the opportunity to “control the organization and content of his own defense, to make motions, to argue points of law, to participate in voir dire, to question witnesses, and to address the court and the jury at appropriate points in the trial.” Id. at 174 , 104 S.Ct. 944 . In this case, Klucka maintained control over his defense and participated fully in the trial. He argued points of law, made statements to the court and the jury, examined witnesses, and so forth.

Klucka’s complaint is limited to one sidebar conference from which, he contends, he was excluded. But that conference concerned a subject as to which standby counsel had previously spoken, at Klucka’s request. The comments added by Klucka on that previous occasion did not take a position different…