Commonwealth v. Geraway

Tauro, C.J., and Braucher, J.,

dissenting. We do'not agree that “a serious conflict of interest,” in the words of the majority, was shown by evidence, as required by Commonwealth v. Smith, 362 Mass. 782, 784 (1973). In our view any “potential constraints” on the representation of the defendant by his counsel rest in speculation and conjecture. The findings of the trial judge, accepted as true by the majority, show that counsel was not in fact “affected in his judgment or conduct” in his representation of the defendant, that his representation of the defendant was “competent and skillful,” and…