Legal Opinion · Dissent

Commonwealth v. Burch

Superior Court of Pennsylvania

Decided June 29, 1977No. 734 and 735Published

1DissentSpaeth, Judge

Appellants’ convictions arose from the arrest of appellant Burch for possession with intent to sell a controlled substance, and the subsequent seizure of various controlled substances in the Burch residence after a search pursuant to a warrant. Appellant Riberdy was present at the time of the search. Appellants were tried together and were represented by the same attorney. They now contend that a conflict of interest existed, with the result that the attorney was ineffective.- In my opinion this contention cannot be resolved on the present record. I would therefore remand for an evidentiary…

2Cases cited18 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Glasser v. United StatesSupreme Court of the United States · 1942
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Powell v. AlabamaSupreme Court of the United States · 1932

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