Ronald Maynard v. Larry Meachum, 545 F.2d 273 (1st Cir. 1976). · Go Syfert
Ronald Maynard v. Larry Meachum, 545 F.2d 273 (1st Cir. 1976). Cases Citing This Book View Copy Cite
372 citation events (103 in the last 25 years) across 57 distinct courts.
Negative lean: 3rd  ·  Positive lean: 10th, 7th, 11th, 1st, 2nd
Strongest positive: Adoption of Urmi. (massappct, 2026-04-13) · Strongest negative: Joseph Bontempo v. Peter Fenton, Warden, Rahway State Penitentiary, and James R. Zazzali, Attorney General of the State of New Jersey (ca3, 1982-12-10)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" Joseph Bontempo v. Peter Fenton, Warden, Rahway State Penitentiary, and James R. Zazzali, Attorney General of the State of New Jersey (4×) also: Cited as authority (rule)
3rd Cir. · 1982 · signal: but see · confidence high
But see Maynard v. Meachum, 545 F.2d at 277 . 114 In this case the following constitutes the total of the relevant colloquy between defendant and the trial judge after the recess at which Bontempo conferred with his lawyer: 115 THE COURT: Mr. Bontempo, you still have the right to take the stand if you wish to, sir. 116 THE DEFENDANT: I can't take it without my doctors. 117 THE COURT: Do you want to take the stand, sir? 118 THE DEFENDANT: No, I can't.THE COURT: Do you want to say anything to this jury? 119 THE DEFENDANT: How can I say something to the jury?
discussed Cited as authority (verbatim quote) Adoption of Urmi.
Mass. App. Ct. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
presenting a defense is not a simple matter of telling one's story
examined Cited as authority (verbatim quote) United States v. Gonzalez-Arias (4×) also: Cited as authority (rule), Cited "see, e.g."
1st Cir. · 2019 · quote attribution · 2 verbatim quotes · confidence high
a court need not tolerate unwarranted delays, and may at some point require the defendant to go to trial even if he is not entirely satisfied with his attorney.
discussed Cited as authority (verbatim quote) Pazden v. Maurer (2×) also: Cited as authority (rule)
3rd Cir. · 2005 · quote attribution · 1 verbatim quote · confidence high
a criminal defendant may not be asked . . . to choose between waiver and another course of action if the choice presented to him is . . . constitutionally offensive.
discussed Cited as authority (verbatim quote) Commonwealth v. Pamplona
Mass. App. Ct. · 2003 · signal: see · quote attribution · 1 verbatim quote · confidence high
a defendant's refusal without good cause to proceed with able appointed counsel is a 'voluntary' waiver of the right to counsel
discussed Cited as authority (verbatim quote) Adoption of William (2×) also: Cited as authority (rule)
Mass. App. Ct. · 1995 · quote attribution · 1 verbatim quote · confidence high
an intelligent waiver does not require that the accused have the skill or knowledge of a lawyer
examined Cited as authority (verbatim quote) Evans v. Raines (3×) also: Cited as authority (rule)
D. Ariz. · 1982 · quote attribution · 1 verbatim quote · confidence high
accused should have a general appreciation of the seriousness of the charge and of the penalties he may be exposed to
discussed Cited as authority (quoted) United States v. José Mulero-Vargas [1]
usdistct · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
the right to retain counsel of one's choice is not absolute.
cited Cited as authority (rule) In Re: Burgos Amador v.
1st Cir. · 2024 · confidence medium
See also United States v. Lanoue, 137 F.3d 656, 663 (1st Cir. 1998); Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir. 1976).
discussed Cited as authority (rule) People v. Timothy Mark Gemelli
Colo. Ct. App. · 2023 · confidence medium
A criminal defendant may be required to choose between waiver of the right to counsel and another course of action as long as the choice presented is not “constitutionally offensive.” Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir. 1976).
discussed Cited as authority (rule) Commonwealth v. Ruben Alfonso.
Mass. App. Ct. · 2023 · confidence medium
"We have not prescribed the questions that a judge must pose to an accused who desires to represent himself nor is there any 'particular piece of information that is essential to an effective waiver of counsel.'" Id. at 390 , quoting Maynard v. Meachum, 545 F.2d 273, 279 (1st Cir. 1976).
discussed Cited as authority (rule) Reynaldo Figueroa-Sanabria v. State of Florida
Fla. · 2023 · confidence medium
While a “criminal defendant may be asked, in the interest of orderly procedures, to choose between waiver and another course of action as long as the choice presented to him is not constitutionally offensive,” Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir. 1976), it was unconstitutional for the trial court to misinform Figueroa- Sanabria as to the nature of his rights and put him to the specific choice he faced: have a lawyer present mitigation, or go it alone.
discussed Cited as authority (rule) Man K. Nguyen v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
Courts have consistently found that “[w]hen a defendant is given a clear choice between waiver of counsel and . . . retaining present - 17 - counsel, the choice is voluntary so long as it is not constitutionally offensive.” United States v. Padilla, 819 F.2d 952, 955 (10th Cir. 1987) (citing Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir. 1976)).
discussed Cited as authority (rule) Commonwealth v. Duart
Mass. · 2017 · confidence medium
Zeisel, The American Jury 28 (1966). “[A]n intelligent waiver does not require that the accused have the skill or knowledge of a lawyer”; rather, “the defendant, being competent, must simply have indicated a comprehension of the nature of the choice.” Ciummei, 378 Mass. at 510 , quoting Maynard v. Meachum, 545 F.2d 273, 279 (1st Cir. 1976). *638 To ensure that the defendant understands the nature of the choice, counsel must communicate information within his or her knowledge that is relevant to, or bears on the defendant’s choice to waive the right to a jury trial.
discussed Cited as authority (rule) Lathem v. State
Tex. App. · 2017 · confidence medium
Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir. 1976) ("A criminal defendant may be asked, in the interest of orderly procedures, to choose between waiver and another course of action as long as the choice presented to him is not constitutionally offensive.”); see Smith v. Grams, 565 F.3d 1037, 1045-46 (7th Cir. 2009) (holding waiver of right to counsel not voluntary and knowing when defendant terminated counsel and requested another attorney, but the trial court would allow delay and appointment only upon waiver of speedy trial right); Pazden v. Maurer, 424 F.3d 303, 319 (3d Cir. 2005) (hol…
cited Cited as authority (rule) United States v. Ponzo
D. Mass. · 2016 · confidence medium
Maynard v. Meachum, 545 F.2d 273, 279 (1st Cir. 1976).
discussed Cited as authority (rule) Kennedy v. State
Ala. Crim. App. · 2015 · confidence medium
This Court listed the following six factors: “ ‘ “ ‘(1) [W]hether the colloquy between the court and the defendant consisted merely of pro forma answers to pro forma questions, United States v. Gillings, 568 F.2d 1307, 1309 (9th Cir.), cert. denied, 436 U.S. 919 , 98 S.Ct. 2267 , 56 L.Ed.2d 760 (1978); (2) whether the defendant understood that he would be required to comply with the rules of procedure at trial, Faretta [v. California, 422 U.S. 806 ] at 835-36, 95 S.Ct. [2525] at 2541-42 [(1975)]; Maynard v. Meachum, 545 F.2d 273, 279 (1st Cir.1976); (3) whether the defendant had had pr…
discussed Cited as authority (rule) State v. Francis
Conn. · 2015 · confidence medium
Ed. 2d 167 (1957); Wilks v. Israel, 627 F.2d 32, 35 (7th Cir. 1980); Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir. 1976).’’ McKee v. Harris, 649 F.2d 927, 931 (2d Cir. 1981), cert. denied, 456 U.S. 917 , 102 S. Ct. 773 , 72 L.
discussed Cited as authority (rule) United States v. Vigil
10th Cir. · 2015 · confidence medium
We therefore look at the “record as a whole[,]” United States v. Weninger, 624 F.2d 163, 167 (10th Cir.1980), considering, among *763 other things, the defendant’s age, education, and experience with criminal trials and counsel, Padilla, 819 F.2d at 958 (citing Maynard v. Meaehum, 545 F.2d 273, 279 (1st Cir.1976)); the defendant’s knowledge regarding the charges, penalties, and other matters pertinent to pro se representation as derived from other hearings in the matter, Willie, 941 F.2d at 1389 (relying on the arraignment to find defendant was “notified of the charges against him an…
discussed Cited as authority (rule) Jamaha Robinson v. State of Louisiana
5th Cir. · 2015 · confidence medium
The question is not whether the defendant voluntarily chose to represent himself; the “question is whether his decision was understandingly and intelligently made: that is, did he make this choice “with eyes open.’” Maynard v. Meachum, 545 F.2d 273, 278-79 (1st Cir.1976) (quoting Adams, 317 U.S. at 279 , 63 S.Ct. 236 ) (remanding habeas petition).
discussed Cited as authority (rule) Swain v. State
Ala. Crim. App. · 2014 · confidence medium
That court relied upon the following factors: “ ‘(1) whether the colloquy between the court and the defendant consisted merely of pro forma answers to pro forma questions, United States v. Gillings, 568 F.2d 1307, 1309 (9th Cir.), cert. denied, 436 U.S. 919 , 98 S.Ct. 2267 , 56 L.Ed.2d 760 (1978); (2) whether the defendant understood that he would be required to comply with the rules of procedure at trial, Faretta [v. California, 422 U.S.] at 835-36, 95 S.Ct. at 2541-42 ; Maynard v. Meachum, 545 F.2d 273, 279 (1st Cir.197[6]); (3) whether the defendant had had previous involvement in crimi…
discussed Cited as authority (rule) United States v. Robinson (2×) also: Cited "see"
1st Cir. · 2014 · confidence medium
For it to be so, he must have understood “the magnitude of the undertaking and the disadvantages of self-representation, ... [and] the seriousness of the charge and of the penalties he may be exposed to.” Maynard v. Meachum, 545 F.2d 273, 279 (1st Cir.1976) (citation omitted).
discussed Cited as authority (rule) Cobb v. State
Ala. Crim. App. · 2014 · confidence medium
This Court listed the following six factors: “ ‘ “(1) [Wjhether the colloquy between the court and the defendant consisted merely of pro forma answers to pro forma questions, United States v. Gillings, 568 F.2d 1307, 1309 (9th Cir.), cert. denied, 436 U.S. 919 , 98 S.Ct. 2267 , 56 L.Ed.2d 760 (1978); (2) whether the defendant understood that he would be required to comply with the rules of procedure at trial, Faretta [v. California, 422 U.S. 806 ] at 835-36, 95 S.Ct. [2525] at 2541-42 [(1975)]; Maynard v. Meachum, 545 F.2d 273, 279 (1st Cir.1976); (3) whether the defendant had had previo…
discussed Cited as authority (rule) United States v. Behrens (2×)
10th Cir. · 2014 · confidence medium
“A defendant forced to choose between incompetent or unprepared counsel and appearing pro se faces ‘a dilemma of constitutional magnitude.’ ” United States v. Padilla, 819 F.2d 952, 955 (10th Cir.1987) (quoting Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir.1976)).
discussed Cited as authority (rule) United States v. Irizarry-Colon
D.P.R. · 2014 · confidence medium
See also United States v. Kneeland, 148 F.3d 6, 11-12 (1st Cir.1998) (finding that the defendant knowingly waived his right to counsel by deciding to proceed pro se rather than accept his current counsel in the face of the court’s clear admonition); Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir.1976) (holding that the district court may properly give a defendant a choice “between proceeding with counsel already appointed or going pro se.”);" Tuitt v. Fair, 822 F.2d 166 , 173 n. 1 (1st Cir.1987) (rejecting an argument that a trial court could not properly force a defendant “to choose b…
discussed Cited as authority (rule) Cormier v. Saba
D. Mass. · 2013 · confidence medium
Johnson, 304 U.S. at 467-68 , 58 S.Ct. 1019 (addressing purported waiver of fundamental constitutional right to counsel). “[Wjhere, as here, the record shows the petitioner’s ‘affirmative acquiescence’ in the arrangements at trial, the burden falls on him to show that his ‘acquiescence was not sufficiently understanding and intelligent to amount to an effective waiver.’ ” Maynard v. Meachum, 545 F.2d 273, 277 (1st Cir.1976) (quoting Carnley v. Cochran, 369 U.S. 506, 516-17 , 82 S.Ct. 884, 890 , 8 L.Ed.2d 70 (1962)); accord United States v. Campbell, 874 F.2d 838, 846 (1st Cir.198…
discussed Cited as authority (rule) United States v. Francois (2×) also: Cited "see, e.g."
1st Cir. · 2013 · confidence medium
Francois’s argument fails to appreciate, however, that even where the court’s Faretta warning is less thorough than it might be, we may nevertheless affirm a district court’s decision to allow a defendant to proceed pro se if “the record amply supports the lower court’s conclusion that [the defendant] was fully aware of the disadvantages he would face as a pro se defendant.” Kneeland, 148 F.3d at 12 (considering defendant’s background as a disbarred attorney and his conduct at trial in affirming that defendant’s waiver of his right to counsel was intelligently made); see also U…
discussed Cited as authority (rule) State v. Towle
N.H. · 2011 · confidence medium
See United States v. Kneeland, 148 F.3d 6, 11 (1st Cir. 1998) (court acted properly in denying request for counsel where defendant was warned that if present counsel was dismissed he would not be provided with fourth court-appointed attorney); Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir. 1976) (district judge may give defendant “choice between proceeding with counsel already appointed or going pro se”).
discussed Cited as authority (rule) Grady v. Commonwealth (2×)
Ky. · 2010 · confidence medium
See also United States v. Welty, 674 F.2d 185, 188 (3d Cir.1982); Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir.1976); United States v. Young, 482 F.2d 993, 995 (5th Cir.1973).
discussed Cited as authority (rule) Commonwealth v. Clemens
Mass. App. Ct. · 2010 · confidence medium
In addition, the [defendant] should have a general appreciation of the seriousness of the charge and of the penalties he may be exposed to before deciding to take a chance on his own skill.” Commonwealth v. Moran, 17 Mass. App. Ct. at 208 , quoting from Maynard v. Meachum, 545 F.2d 273, 279 (1st Cir. 1976).
discussed Cited as authority (rule) Commonwealth v. Means (2×)
Mass. · 2009 · confidence medium
In addition, the accused should have a general appreciation of the seriousness of the charge and of the penalties he may be exposed to before deciding to take a chance on his own skill.” Commonwealth v. Lee, 394 Mass. 209, 216-217 (1985), quoting Maynard v. Meachum, 545 F.2d 273, 279 (1st Cir. 1976). 15 Waiver of counsel may not be presumed from a silent record.
discussed Cited as authority (rule) State v. Dann
Ariz. · 2009 · confidence medium
A defendant forced to choose between incompetent or unprepared counsel and appealing pro se faces “a dilemma of constitutional magnitude.” Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir.1976). ¶ 19 Contrary to Dann’s assertion, no cognizable conflict existed here.
discussed Cited as authority (rule) Harris v. State
Ala. · 2008 · confidence medium
This Court listed the following six factors: " '(1) [Wjhether the colloquy between the court and the defendant consisted merely of pro forma answers to pro forma questions, United States v. Gillings, 568 F.2d 1307, 1309 (9th Cir.), cert. denied, 436 U.S. 919 , 98 S.Ct. 2267 , 56 L.Ed.2d 760 (1978); (2) whether the defendant understood that he would be required to comply with the rules of procedure at trial, Faretta [v. California, 422 U.S.] at 835-36, 95 S.Ct. at 2541-42 ; Maynard v. Meachum, 545 F.2d 273, 279 (1st Cir.1976); (3) whether the defendant had had previous involvement in criminal t…
discussed Cited as authority (rule) Commonwealth v. Mullen (2×)
Mass. App. Ct. · 2008 · confidence medium
The Supreme Judicial Court has explained: “We have not prescribed the questions that a judge must pose to an accused who desires to represent himself nor is there any ‘particular piece of information that is essential to an effective waiver of counsel.’ Maynard v. Meachum, 545 F.2d 273, 279 (1st Cir. 1976). ...
examined Cited as authority (rule) United States v. Eddie Milton Garey, Jr., A.K.A. Miles Garey, A.K.A. Milton Garey, A.K.A. Eddie Garey (4×)
11th Cir. · 2007 · confidence medium
See, e.g., id. (defendant’s counsel filed motion to withdraw on the basis that his client intended to represent himself); Maynard v. Meachum, 545 F.2d 273, 275 (1st Cir.1976) (defendant’s counsel filed motion to withdraw on the basis that his client did not “desire [his] services”).
discussed Cited as authority (rule) Pazden v. Maurer (2×)
3rd Cir. · 2005 · confidence medium
However, where appropriate, “[a] criminal defendant may be asked, in the interest of orderly procedures, to choose between waiver and another course of action.” Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir.1976).
cited Cited as authority (rule) Deno v. Commonwealth
Ky. · 2005 · confidence medium
See also United States v. Welty, 674 F.2d 185, 188 (3rd Cir.1982); Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir.1976); United States v. Young, 482 F.2d 993, 995 (5th Cir.1973). 25 .
discussed Cited as authority (rule) United States v. Gomez-Rosario
1st Cir. · 2005 · confidence medium
Before concluding that the waiver of the right to counsel was knowing and voluntary, the trial judge took great pains to ensure that Gómez had "a sense of the magnitude of the undertaking,” Maynard v. Meachum, 545 F.2d 273, 279 (1st Cir.1976).
cited Cited as authority (rule) Shegog v. Commonwealth
Ky. · 2004 · confidence medium
See also United States v. Welty, 674 F.2d 185, 188 (3d Cir.1982); Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir.1976); United States v. Young, 482 F.2d 993, 995 (5th Cir.1973).
discussed Cited as authority (rule) People v. Russell (2×)
Mich. · 2004 · confidence medium
"While a defendant may not be forced to proceed to trial with incompetent or unprepared counsel, ... a refusal without good cause to proceed with able counsel is a `voluntary' waiver." Maynard v. Meachum, 545 F.2d 273, 278 (C.A.1, 1976).
cited Cited as authority (rule) United States v. Hartsock
D. Me. · 2003 · confidence medium
Maynard v. Meachum, 545 F.2d 273, 279 (1st Cir.1976) (internal quotation marks and citations omitted).
cited Cited as authority (rule) United States v. Pablo Manjarrez A/K/A Pablo A/K/A Paul Riend
1st Cir. · 2002 · confidence medium
Maynard v. Meachum, 545 F.2d 273, 279 (1st Cir.1976) (internal quotation marks and citations omitted). , .
examined Cited as authority (rule) State v. Thornton (3×)
R.I. · 2002 · confidence medium
Maynard v. Meachum, 545 F.2d 273, 277 (1st Cir. 1976). [12] This Court has recently held in a unanimous opinion, in which the dissenting justice himself had joined, that a Faretta colloquy, while preferable, is not constitutionally required. *1027 In State v. Spencer, 783 A.2d 413, 416-17 (R.I.2001), we held: "Although the simplest method to determine whether a waiver of counsel is knowing or voluntary may be a detailed colloquy between the trial court and the defendant, such an inquiry is not constitutionally required. * * * In fact, the [United States] Supreme Court has indicated that the in…
discussed Cited as authority (rule) United States v. Woodard
1st Cir. · 2002 · confidence medium
Specifically, "a defendant has no right to representation by a particular attorney when such representation would require undue delay." United States v. Hallock , 941 F.2d 36, 44 (1st Cir. 1991); see also United States v. Allen , 789 F.2d 90 , 92 n.4 (1st Cir. 1986); Maynard v. Meachum , 545 F.2d 273, 278 (1st Cir. 1976).
discussed Cited as authority (rule) United States v. Woodard
1st Cir. · 2002 · confidence medium
Specifically, “a defendant has no right to representation by a particular attorney when such representation would require undue delay.” United States v. Hallock, 941 F.2d 36, 44 (1st Cir.1991); see also United States v. Allen, 789 F.2d 90 , 92 n. 4 (1st Cir.1986); Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir.1976).
cited Cited as authority (rule) Payne v. Smith
E.D. Mich. · 2002 · confidence medium
Morton v. Foltz, 782 F.2d 1042 , 1985 WL 14072, *3 (6th Cir.1985) (citing Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir.1976); Unites States ex rel.
cited Cited as authority (rule) Wilson v. Hurt
6th Cir. · 2002 · confidence medium
See United States v. Wright, 791 F.2d 936 (table), 1986 WL 16915, *3 (6th Cir.1986); Maynard v. Meachum, 545 F.2d 273, 279 (1st Cir.1976).
discussed Cited as authority (rule) Adoption of Olivia
Mass. App. Ct. · 2002 · confidence medium
Refusal without “ ‘good cause to proceed with able appointed counsel is a “voluntary” waiver’ ... of [the] right to counsel.” Commonwealth v. Appleby, 389 Mass. 359, 366-367 , cert, denied, 464 U.S. 941 (1983), quoting from Maynard v. Meachum, 545 F.2d 273, 278 (1st.
discussed Cited as authority (rule) Commonwealth v. Carsetti (2×)
Mass. App. Ct. · 2002 · confidence medium
Commonwealth v. Appleby, 389 Mass. 359, 366-367 , cert, denied, 464 U.S. 941 (1983), citing Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir. 1976).
discussed Cited as authority (rule) United States v. Labare (2×) also: Cited "see"
1st Cir. · 1999 · confidence medium
See United States v. Kneeland, 148 F.3d 6, 11-12 (1st Cir.1998); Maynard v. Meachum, 545 F.2d 273, 278 (1st Cir.1976).
Retrieving the full opinion text from the archive…
Ronald MAYNARD, Petitioner, Appellee,
v.
Larry MEACHUM, Respondent, Appellant
76-1255.
Court of Appeals for the First Circuit.
Nov 19, 1976.
545 F.2d 273
1976 U.S. App. LEXIS 6150
John P. Corbett, Asst. Atty. Gen., Crim. Div., with whom Francis X. Bellotti, Atty. Gen., and John J. Irwin, Jr., Asst. Atty. Gen., Chief, Crim. Bureau, Boston, Mass., were on brief, for appellant., James R. Burke, Newton, Mass., for appellee.
Coffin, Clark, McEntee.
Cited by 210 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 57%
Citer courts: U.S. District Court (1)
COFFIN, Chief Judge.

Petitioner, Ronald Maynard, sought habeas corpus relief, attacking his state court conviction on the ground that his decision to waive counsel was not knowingly and intelligently made. The district court issued the writ, and the government appeals.

The record of the state court proceeding reveals that when the case was called for trial on February 18,1971, Maynard’s court-appointed counsel requested permission to withdraw from the case. In response to questioning by the judge, the attorney described the services he had performed during the eight months he represented Maynard. He said that Maynard first indicated interest in hiring another lawyer on February 1, but in a conversation with Maynard’s mother on February 16 it developed that the money she was planning to use had “not come through” and that she was making no effort to retain other counsel at that time. The attorney asserted that he was prepared and able to conduct the trial, but that he hated “to engage in a trial where I know that the client does not desire my services.” He concluded by stating that Maynard now wanted to represent himself, and wished to address the court in that regard. The court then ruled that the attorney would not be allowed to withdraw and should be prepared at all times to “resume active oral duties” if Maynard decided at any time to cease acting pro se. The judge then asked Maynard if he wanted to dispute anything the attorney had said. Maynard responded that he was asking for another lawyer “because he [his lawyer] told me himself he didn’t think he could handle this.” The attorney immediately denied making such a statement, and the colloquy continued:

[*276] “THE COURT: All right. He has made a statement. Bear with us. Now, anything else?
DEFENDANT MAYNARD: No, but I just would like to know about what I told you. I told you I wanted another lawyer. I mentioned one. It isn’t a crime to ask for a lawyer. ... I mentioned a lawyer that I would like to get from Lynn.
THE COURT: Well, in the absence of this lawyer, whoever he may be, that you would like, do you prefer to represent yourself?
DEFENDANT MAYNARD: I’d like to get this lawyer.
THE COURT: What efforts have been made to get this lawyer?
. . . DEFENDANT MAYNARD: I couldn’t get him. I had to have a court appoint him.
THE COURT: Well, the court has already appointed one lawyer for you.
DEFENDANT MAYNARD: Well, I don’t think, you know, that he can handle my case.
THE COURT: Have you ever met the other lawyer?
. . . DEFENDANT MAYNARD: No. I know of him. Inmates have told me he was a good lawyer.
THE COURT: Well, now, [counsel’s] request for leave to withdraw is denied. And he will act, to the best of his ability, as counsel for Mr. Maynard to the extent that the circumstances permit. Mr. Maynard, to the extent that he wishes, may act as his own counsel, pro se, remaining in the dock at all times. But he may not, if he decides not to act pro se, he may not then later resume acting pro se.”

After some discussion of the last proviso, and clarification by Maynard’s counsel of statements he had made concerning his ability to conduct the case, the judge dedared that the trial should begin. When Maynard presented some preliminary motions to the court, the judge asked if he was proceeding pro se, and he replied that he was. Following a brief recess, counsel for Maynard’s co-defendant announced that he too wished to proceed pro se. This was allowed on the same conditions applied to Maynard.

The defense was conducted largely by Maynard’s co-defendant, Robert Laurin. Laurin suggested questions to be asked of the jury panel, made opening and closing statements, entered some objections during the government’s direct examination of its two witnesses, and cross-examined the witnesses. Counsel for the two defendants interposed a few objections, communicated defendants’ motions and requests to the court, and consulted with the defendants before Laurin conducted his first cross-examination. In addition, each lawyer gave his client notes on the witnesses’ direct testimony for use in cross-examination. At the close of the prosecution’s case the defense rested without calling any witnesses, although they had subpoenaed several persons and were given an opportunity to consult with them and with counsel before making that decision. The jury found both defendants guilty as charged of two counts of armed robbery, two counts of assault with a dangerous weapon, breaking and entering, larceny, and malicious damage to property.

Maynard raised his claim of ineffective waiver of counsel on appeal to the Massachusetts Appeals Court, which held that because counsel was present and available during trial his “election to proceed as he did was not a waiver of his right to counsel” and so presented no question of knowing and intelligent waiver. Commonwealth v. Maynard (1974) Mass.App., 319 N.E.2d 453. [1] The Massachusetts Supreme Judicial Court denied an application for further re[*277] view, and Maynard then sought habeas relief in the district court.

In an unpublished opinion, the district court held that Maynard had represented himself at trial, characterizing the lawyer as merely “stand-by-counsel”, and that the trial court had an affirmative obligation “to ask such questions and receive such satisfactory answers as to enable the court to conclude that a decision to forego a fundamental, important constitutional right was indeed made knowingly and intelligently.” Because the record was “barren of the showing that is necessary or would be necessary to conclude that the waiver was” constitutionally effective, the court concluded that Maynard was entitled to a new trial.

We agree with the district court that the arrangement at Maynard’s trial raises the issue of effective waiver of counsel: whatever label is attached to it, the net result was that Maynard had less than the full representation by counsel to which, absent a valid waiver, he was entitled under the Sixth Amendment. See United States ex rel. Konigsberg v. Vincent, 388 F.Supp. 221, 224-25 (S.D.N.Y.), aff’d, 526 F.2d 131 (2d Cir. 1975). Cf. Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963). We can conceive of no reason why the standard for waiving part of a constitutional right should be different from the standard for waiver of the entire right. Respondent argues, and we agree, that it is within the discretion of a trial court to allow the sort of hybrid arrangement that was adopted in this case, see, e. g., United States v. Hill, 526 F.2d 1019 (10th Cir. 1975); United States v. Guanti, 421 F.2d 792 (2d Cir. 1970). But it does not follow that such an arrangement is the equivalent of full representation by counsel for purposes of waiver: it was apparently not suggested in any of the cases cited by respondent that the defendant’s agreement to the arrangement was not knowing and intelligent. On respondent’s analysis, the right to counsel is satisfied, regardless of the reality of self-representation, so long as counsel is not formally allowed to withdraw and remains in the courtroom. We do not believe that the protections of this right that have evolved from Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938), can be so casually swept away.

Thus, although the record reveals that Maynard knew of his right to appointed counsel, and that he affirmatively acquiesced in the procedure at trial, compare Carnley v. Cochran, 369 U.S. 506, 513-17, 82 S.Ct. 884, 8 L.Ed.2d 70 (1962), the question remains whether this acquiescence was competent, intelligent and voluntary. See Johnson v. Zerbst, supra, 304 U.S. at 465, 58 S.Ct. 1019; Moore v. Michigan, 355 U.S. 155, 164, 78 S.Ct. 191, 2 L.Ed.2d 167 (1957). We do not believe, however, that the absence of explicit bench warnings or a colloquy on the record compelled the district court’s conclusion that Maynard’s waiver of counsel was ineffective.

The fact of waiver, “ordinarily an intentional relinquishment or abandonment of a known right”, Johnson v. Zerbst, supra, 304 U.S. at 464, 58 S.Ct. at 1023, may not be presumed or inferred from a silent record. Carnley v. Cochran, supra, 369 U.S. at 516, 82 S.Ct. 884. But where, as here, the record shows the petitioner’s “affirmative acquiescence” in the arrangements at trial, the burden falls on him to show that his “acquiescence was not sufficiently understanding and intelligent to amount to an effective waiver.” Id. at 516-17, 82 S.Ct. at 890. See Spanbauer v. Burke, 374 F.2d 67, 74 (7th Cir. 1966); Bortmess v. Rodriquez, 375 F.2d 113, 114 (10th Cir. 1967). Moreover, while the Supreme Court has observed that “it would be fitting and appropriate” for the trial court to determine the effectiveness of a waiver on the record, Johnson v. Zerbst, supra, 304 U.S. at 465, 58 S.Ct. at 1023, it also cautioned that “[w]hen collaterally attacked, the judgment of a court carries with it a presumption of regularity. Where a defendant, without counsel, acquiesces in a trial resulting in his conviction and later seeks release by the extraordinary remedy of habeas corpus, the burden of proof rests upon him to establish that he did not competently and intelligently waive[*278] his constitutional right to assistance of counsel.” 304 U.S. at 468-69, 58 S.Ct. at 1025. [Italics original, footnotes omitted.] See also Moore v. Michigan, supra.

While record inquiry would facilitate the task of reviewing courts, whether a defendant has intelligently waived a constitutional right turns not simply on the state of the record, but on all of the circumstances of the case. See Henderson v. Morgan, 426 U.S. 637, 644, 96 S.Ct. 2253, 2257, 49 L.Ed.2d 108 (1976). See also United States v. Rosenthal, 470 F.2d 837, 844-45 (2d Cir. 1972); Townes v. United States, 371 F.2d 930, 934 (4th Cir. 1966). Accordingly, this case must be remanded to the district court for further proceedings to determine whether, considering the facts and circumstances of the particular case, including the background, experience and conduct of the accused, the waiver of counsel was effective. See Johnson v. Zerbst, supra, 304 U.S. at 464, 58 S.Ct. 1019. We think it is appropriate at this juncture to indicate what factors, in our view, might influence this determination.

First, it cannot be disputed that an effective waiver must be the product of a free and' meaningful choice. See Moore v. Michigan, supra, 355 U.S. at 164, 78 S.Ct. 191; Von Moltke v. Gillies, 322 U.S. 708, 729, 68 S.Ct. 316, 92 L.Ed. 309 (1948) (separate opinion of Frankfurter, J.). This does not mean that the decision must be entirely unconstrained. A criminal defendant may be asked, in the interest of orderly procedures, to choose between waiver and another course of action as long as the choice presented to him is not constitutionally offensive. Cf. Illinois v. Allen, 397 U.S. 337, 346, 90 S.Ct. 1057, 25 L.Ed.2d 353 (1970); Brady v. United States, 397 U.S. 742, 750-53, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970). The record in this case indicates that, while Maynard did not affirmatively wish to represent himself, when given a clear choice between proceeding with counsel already appointed or going pro se, he elected the latter. Compare Kates v. Nelson, 435 F.2d 1085, 1088 (9th Cir. 1970) with United States ex rel. Higgins v. Fay, 364 F.2d 219, 222 (2d Cir. 1966). His decision was therefore “voluntary” unless that choice placed him in a dilemma of constitutional magnitude.

The right to counsel of one’s choice is not absolute. A court need not tolerate unwarranted delays, and may at some point require the defendant to go to trial even if he is not entirely satisfied with his attorney. See United States v. Rodriguez Vallejo, 496 F.2d 960, 964-65 (1st Cir. 1974). While a defendant may not be forced to proceed to trial with incompetent or unprepared counsel, see Lofton v. Procurer, 487 F.2d 434, 436 (9th Cir. 1973), a refusal without good cause to proceed with able appointed counsel is a “voluntary” waiver. United States ex rel. Testamark v. Vincent, 496 F.2d 641 (2d Cir. 1974); Kates v. Nelson, supra, 435 F.2d at 1088; Glenn v. United States, 303 F.2d 536, 540-41 (5th Cir. 1962). Thus, whether Maynard’s decision was voluntary will turn on whether his objections to his appointed counsel were such that he had a right to a new appointed counsel. Ingle v. Fitzharris, 375 F.2d 398, 400 (1967) (Koelsch, J., concurring), appeal after remand, 411 F.2d 611 (9th Cir. 1969). Maynard’s wish for another specific lawyer,- or a mere disagreement over trial tactics, would not warrant the conclusion that an offer ■ to appoint alternative counsel was constitutionally required. United States v. Young, 482 F.2d 993 (5th Cir. 1973); United States v. Gutterman, 147 F.2d 540 (2d Cir. 1945). On remand the district court should ascertain whether there was any substantial basis for Maynard’s complaint, for example, failure to prepare a defense, conflict of interest, or such a complete breakdown in communication that his right to a fair trial was threatened. See United States v. Calabro, 467 F.2d 973, 986 (2d Cir. 1972). It would also be proper to consider the timeliness of Maynard’s request for new counsel, and whether his professed concerns were borne out by developments at trial. See United States v. Morrissey, 461 F.2d 666, 670 (2d Cir. 1972).

If it appears that it was proper to confront Maynard with this choice, the[*279] final question is whether his decision was understanding^ and intelligently made: that is, did he make this choice “with eyes open”. Adams v. United States ex rel. McCann, 317 U.S. 269, 279, 63 S.Ct. 236, 87 L.Ed. 268 (1942). This colloquial formulation of the standard suggests that there is no particular piece of information that is essential to an effective waiver of counsel. An intelligent waiver does not require that the accused have the skill or knowledge of a lawyer, Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). What is required, we think, is a sense of the magnitude of the undertaking and the “disadvantages of self-representation”, id.: an awareness that there are technical rules governing the conduct of a trial, and that presenting a defense is not a simple matter of telling one’s story. See Hodge v. United States, 414 F.2d 1040, 1043 (9th Cir. 1969). In addition, the accused should have a general appreciation of the seriousness of the charge and of the penalties he may be exposed to before deciding to take a chance on his own skill. Cf. Von Moltke v. Gillies, supra, 322 U.S. at 723-24, 68 S.Ct. 316 (plurality opinion of Black, J.). See Spanbauer v. Burke, supra, 374 F.2d at 71-74. We repeat, however, that the defendant’s knowledge of these relevant facts need not appear on the record at trial, id. at 74. The district court may properly consider, in addition to Maynard’s background, experience and conduct, Johnson v. Zerbst, supra, 304 U.S. at 464, 58 S.Ct. 1019, such factors as his involvement in previous criminal trials, his representation by counsel before trial, and the continued presence of advisory counsel at trial in determining whether he understood what he was getting into. See United States v. Rosenthal, supra, 470 F.2d at 845; United States v. Odom, 423 F.2d 875 (9th Cir. 1970). Indeed, it may be proper to presume that the defense counsel who represented Maynard for eight months had discussed all relevant aspects of the case with him. See Henderson v. Morgan, supra, 426 U.S. at 647, 96 S.Ct. at 2259. The ultimate question before the district court will be whether Maynard can show, by a preponderance of the evidence, that his affirmative waiver of counsel was not made with knowledge and understanding of the factors we have discussed, see Moore v. Michigan, supra, 355 U.S. at 161, 78 S.Ct. 191. See also Bortmess v. Rodriquez, supra; Spanbauer v. Burke, supra.

The judgment of the District Court is vacated and the case is remanded for further proceedings consistent with this opinion.

1

. The Massachusetts court cited in support of its conclusion Commonwealth v. Scott, 360 Mass. 695, 277 N.E.2d 483 (1971), which held that a court need not appoint substitute counsel when a defendant advances no reasons for his dissatisfaction with present counsel. Thus while the court decided that Maynard had not waived counsel, it appears that it also considered whether he had a right to demand that a new lawyer be appointed. This is consistent with our approach.