Legal Opinion · Dissent

Commonwealth v. Chamberlain

Superior Court of Pennsylvania

Decided May 2, 1980No. 2994Published

1DissentSpaeth, Judge

I believe that a conflict of interest existed in this case. Appellant’s and the co-defendant’s defenses were in some measure inconsistent, and I am persuaded that counsel, caught in the attempt to represent both of them, neglected appellant’s case in favor of the co-defendant’s.

In Commonwealth v. Breaker, 456 Pa. 341, 344—345, 318 A.2d 354, 356 (1974), the Supreme Court stated:

Our dual representation cases make several principles clear. First, “[i]f, in the representation of more than one defendant, a conflict of interest arises, the mere existence of such conflict vitiates the proceedings,…

2Cases cited9 opinions

  1. Commonwealth Ex Rel. Whitling v. RussellSupreme Court of Pennsylvania · 1962
  2. Commonwealth v. BreakerSupreme Court of Pennsylvania · 1974
  3. Commonwealth v. WilsonSupreme Court of Pennsylvania · 1968
  4. Commonwealth v. CoxSupreme Court of Pennsylvania · 1970
  5. Commonwealth ex rel. Corbin v. MyersSupreme Court of Pennsylvania · 1965

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