Legal Opinion · Concurrence

Commonwealth v. Dockins

Superior Court of Pennsylvania

Decided February 2, 1979No. 1374Published

1ConcurrenceSpaeth, Judge

The record shows that appellant’s counsel never informed appellant that his representation of a co-defendant might result in a conflict of interest. I am troubled by this fact; I can think of no reasonable basis to justify the omission. Cf. Commonwealth v. Mabie, 467 Pa. 464, 359 A.2d 369 (1976); Commonwealth v. Jones, 263 Pa.Super. 149, 397 A.2d 790 (1978) (SPAETH, J., dissenting) (counsel ineffective for failing to interview a potentially important witness). Nevertheless, because appellant has not shown that he was prejudiced (or potentially prejudiced) by counsel’s representation of his…

2Cases cited6 opinions

  1. Commonwealth Ex Rel. Washington v. MaroneySupreme Court of Pennsylvania · 1967
  2. Commonwealth v. MabieSupreme Court of Pennsylvania · 1976
  3. Commonwealth v. CoxSupreme Court of Pennsylvania · 1970
  4. Terpeluk v. Insurance Co. of North AmericaSuperior Court of Pennsylvania · 1959
  5. Commonwealth v. BraceroSuperior Court of Pennsylvania · 1979

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