(DOWNLOAD) "Commonwealth v. Breaker" by Commonwealth Court of Pennsylvania * eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Breaker
- Author : Commonwealth Court of Pennsylvania
- Release Date : January 25, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Since at least Powell v. Alabama, 287 U.S. 45, 53 S. Ct. 55 (1932), an essential element of the Sixth Amendments right to counsel has been the right to "effective assistance of counsel." See Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967). Inherent in the right to effective assistance of counsel is the correlative right to be represented by counsel unburdened by any conflict of interest. Glasser v. United States, 315 U.S. 60, 62 S. Ct. 457 (1942); Commonwealth ex rel. Whitling v. Russell, 406 Pa. 45, 176 A.2d 641 (1962). We hold that appellant has established a conflict of interest by demonstrating "the possibility of harm" arising from dual representation when his plea was entered. Commonwealth v. Wheeler, 444 Pa. 164, 281 A.2d 846 (1971); Commonwealth v. Wilson, 429 Pa. 458, 463, 240 A.2d 498, 501 (1968). Therefore, appellants conviction is reversed, Whitling, supra, and a new trial granted.