Commonwealth v. Szekeresh

JOHNSON, Judge:

We are asked to determine whether we should extend the rule of law promulgated in Cuyler v. Sullivan, 446 U.S. 335, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980), which grants a defendant a new trial after he has shown that he has suffered actual harm and actual prejudice arising from a conflict of interest in his representation following a pre-trial colloquy and subsequent waiver of his Sixth Amendment rights. Appellant, Michael J. Szekeresh, asks us to extend this rule to include the situation where the pre-trial colloquy informs the defendant of the specific risk of forfeiture of…