Commonwealth v. Lowery

OPINION OF THE COURT

This appeal must be quashed. The dual position of the District Attorney as counsel for appellee on the suppres*126sion matter prior to his assuming that office, followed by his office’s direct attack in this appeal on the adequacy of his own defense with respect to the suppression issue now before us poses a clear conflict of interest in violation of Canons 5 and 9 of the Pennsylvania Code of Professional Responsibility, adopted by this Court by order of February 27, 1974, pursuant to our power to regulate the conduct of lawyers under Art. V, § 10 of the Pennsylvania…