Commonwealth v. Nicholson

The judgment of sentence should be reversed and the case remanded for a new trial.

The majority says that “[it] find[s] that nothing which happened in the jury’s presence undermined counsel’s believability, impugned the appellant’s case or witnesses, evidence bias on the part of the court, or suggested that counsel could not continue as an effective spokesman for his client.” At 586. But what we find depends upon what we see. And what we see depends upon how we ¿pproach the problem at hand. Our findings, in other words, are controlled by our standards, and our standards, in turn, are disclosed…