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41 Pennsylvania opinions name it 6 courts 1968–2023 4 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Breakergreen2 sentences2019Commonwealth v. Brown, 972 A.2d 529, 530 (Pa. Super. 2009) (internal citations omitted). “[A]ppellant will satisfy the requirement of demonstrating possible harm, if he can show, inter alia, ‘that he had a defense inconsistent with that advanced by the other client, or that counsel neglected his case in order to give the other client a more spirited defense.’” Commonwealth v. Breaker, 318 A.2d 354, 356 (Pa. 1974). 2016An “appellant will satisfy the requirement of demonstrating possible harm, if he can show, inter alia, ‘that he had a defense inconsistent with that advanced by the other client, or that counsel neglected his case in order to give the other client a more spirited defense.’” Id. (citation omitted). | 10 | 14 |
Commonwealth v. Coxgreen2 sentences2020Accord, - 10 - J-S61034-19 Commonwealth v. Cox, 441 Pa. 64, 69 , 270 A. 2d 207, 209 (1970) (plurality opinion).” Commonwealth v. Evans, 306 Pa.Super. 25 , 451 A.2d 1373 , 1374–1375 (1982). 2020Accord, - 10 - J-S61034-19 Commonwealth v. Cox, 441 Pa. 64, 69 , 270 A. 2d 207, 209 (1970) (plurality opinion).” Commonwealth v. Evans, 306 Pa.Super. 25 , 451 A.2d 1373 , 1374–1375 (1982). | 9 | 9 |
Commonwealth v. Perrygreen2 sentences1978As our Supreme Court held in Commonwealth v. Perry, 464 Pa. 272 , 346 A.2d 554 (1975): As we pointed out in Commonwealth v. Baker, supra, Anders mandates that counsel who represents an indigent criminal defendant must afford his client a spirited defense and is required to assume the role of an active advocate in behalf of his client . . . . 1978As our Supreme Court held in Commonwealth v. Perry, 464 Pa. 272 , 346 A.2d 554 (1975): As we pointed out in Commonwealth v. Baker, supra, Anders mandates that counsel who represents an indigent criminal defendant must afford his client a spirited defense and is required to assume the role of an active advocate in behalf of his client . . . . | 3 | 6 |
Commonwealth v. Evansgreen2 sentences2020Accord, - 10 - J-S61034-19 Commonwealth v. Cox, 441 Pa. 64, 69 , 270 A. 2d 207, 209 (1970) (plurality opinion).” Commonwealth v. Evans, 306 Pa.Super. 25 , 451 A.2d 1373 , 1374–1375 (1982). 2020Accord, - 10 - J-S61034-19 Commonwealth v. Cox, 441 Pa. 64, 69 , 270 A. 2d 207, 209 (1970) (plurality opinion).” Commonwealth v. Evans, 306 Pa.Super. 25 , 451 A.2d 1373 , 1374–1375 (1982). | 3 | 3 |
Commonwealth v. Wilsongreen2 sentences2021Appellant has not established that Attorney Quinn “neglected [Appellant’s] case in order to give [Damir] a more spirited defense.” See Wilson, 240 A.2d at 501 . 2020Fourth, appellant will satisfy the requirement of demonstrating possible harm, if he can show, inter alia, ‘that he had a defense inconsistent with that advanced by the other client, or that counsel neglected his case in order to give the other client a more spirited defense.’ Id. | 1 | 14 |
Commonwealth v. Resingergreen2 sentences1971In Commonwealth v. Williams, 435 Pa. 550 , the court, after quoting from Whitling, supra, held, at pages 552-53: “But, dual representation in itself does not establish a conflict of interest and, as we pointed out in Commonwealth v. Wilson, 429 Pa. 458 , 240 A.2d 498 (1968): To make dual representation rise to a true conflict, appellant need not show that actual harm resulted, . . . but he must at least show the possibility of harm, e.g. that he had a defense inconsistent with that advanced by the other client, or that counsel neglected his case in order to give the other client a more spirite 1971In Commonwealth v. Williams, 435 Pa. 550 , the court, after quoting from Whitling, supra, held, at pages 552-53: “But, dual representation in itself does not establish a conflict of interest and, as we pointed out in Commonwealth v. Wilson, 429 Pa. 458 , 240 A.2d 498 (1968): To make dual representation rise to a true conflict, appellant need not show that actual harm resulted, . . . but he must at least show the possibility of harm, e.g. that he had a defense inconsistent with that advanced by the other client, or that counsel neglected his case in order to give the other client a more spirite | 1 | 4 |
Commonwealth v. Torogreen2 sentences2015A defendant can satisfy this requirement by showing, inter alia, "that he had a defense inconsistent with that advanced by the other client, or that counsel neglected his case in order to give the other client a more spirited defense." Id. (quoting Commonwealth v. Breaker, 345, 318 A.2d 354, 356 (Ptt:49;i4-)). 1996To prove that dual representation resulted in an actual conflict, the defendant “must at least show the possibility of harm . . . [For example,] that he had a defense inconsistent with that advanced by the other client, or that counsel neglected his case in order to give the other client a more spirited defense.” Commonwealth v. Toro, 432 Pa. Super. 383, 394 , 638 A.2d 991, 996 (1994) (quoting Commonwealth v. Breaker, 456 Pa. 341, 345 , 318 A.2d 354, 356 (1974) (plurality opinion)), (citations and quotation marks omitted). | 1 | 3 |
Commonwealth v. Westbrookgreen2 sentences2023Fourth, [a defendant] will satisfy the requirement of demonstrating possible harm, if he can show, inter alia, ‘that he had a defense inconsistent with that advanced by the other client, or that counsel neglected his case in order to give the other client a more spirited defense.’ Westbrook, 400 A.2d at 162 (some citations omitted & paragraph breaks added) (emphasis in original). 2023We emphasize that: (1) the Commonwealth made clear, pre-trial, that it would not call Amelia to testify nor present any evidence or statement related to Amelia, and instead, the Commonwealth would rely on other evidence, especially surveillance video, Jessica’s testimony implicating Appellant in the burglary, and another witness who would identify Appellant in the surveillance video; and (2) Appellant has not argued and established that the legal advice given to him by Trial Counsel conflicted with the legal advice given to Amelia, his defense was inconsistent with Amelia’s defense, he and Ame | 1 | 2 |
Commonwealth v. Kinggreen1 sentence2021Rather, the burden remains on the defendant to demonstrate that the asserted conflict adversely affected his lawyer’s performance.” Id. at 618 (citations omitted). ____________________________________________ 6In the seminal case of In re Saladin, 518 A.2d 1258 (Pa. Super. 1986), this Court defined “actual conflict of interest” as follows: The Pennsylvania Supreme Court has stated that a conflict of interest actually exists where appellant “has a defense inconsistent with that advanced by the other client, or counsel neglected his case in order to give the other client a more spirited defense. | 1 | 1 |
Commonwealth v. Hilliardgreen1 sentence2019We note that “[t]he preliminary hearing is not a trial.” Commonwealth v. Hilliard, 172 A.3d 5, 10 (Pa. Super. 2017) (quoting Commonwealth v. Weigle, 997 A.2d 306, 311 (Pa. 2010)). | 1 | 1 |
Commonwealth v. Weiglegreen1 sentence2019We note that “[t]he preliminary hearing is not a trial.” Commonwealth v. Hilliard, 172 A.3d 5, 10 (Pa. Super. 2017) (quoting Commonwealth v. Weigle, 997 A.2d 306, 311 (Pa. 2010)). | 1 | 1 |
Commonwealth v. Browngreen1 sentence2019Commonwealth v. Brown, 972 A.2d 529, 530 (Pa. Super. 2009) (internal citations omitted). “[A]ppellant will satisfy the requirement of demonstrating possible harm, if he can show, inter alia, ‘that he had a defense inconsistent with that advanced by the other client, or that counsel neglected his case in order to give the other client a more spirited defense.’” Commonwealth v. Breaker, 318 A.2d 354, 356 (Pa. 1974). | 1 | 1 |
Glasser v. United Statesgreen2 sentences1974Accord, Commonwealth v. Cox, 441 Pa. 64, 69 , 270 A.2d 207, 209 (1970) (plurality opinion). 2 Appellant has amply demonstrated the possibility of harm resulting from being jointly represented by his accuser’s counsel. 3 “The right to have the assistance of counsel is too fundamental and absolute to allow courts to indulge in nice calculations as to the amount of prejudice arising from its denial.” Glasser v. United States, 315 U.S. 60, 76 , 62 S. Ct. 457, 467 (1942). 1974Accord, Commonwealth v. Cox, 441 Pa. 64, 69 , 270 A.2d 207, 209 (1970) (plurality opinion). 2 Appellant has amply demonstrated the possibility of harm resulting from being jointly represented by his accuser’s counsel. 3 “The right to have the assistance of counsel is too fundamental and absolute to allow courts to indulge in nice calculations as to the amount of prejudice arising from its denial.” Glasser v. United States, 315 U.S. 60, 76 , 62 S. Ct. 457, 467 (1942). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Anders v. California
green
2 sentences1975As we pointed out in Commonwealth v. Baker, supra, Anders mandates that counsel who represents an indigent criminal defendant must afford his client a spirited defense and is required to assume “the role of an active advocate in behalf of his client . . . .” Anders v. California, supra, 386 U.S. at 744 , 87 S.Ct. at 1400 . 1975As we pointed out in Commonwealth v. Baker, supra, Anders mandates that counsel who represents an indigent criminal defendant must afford his client a spirited defense and is required to assume “the role of an active advocate in behalf of his client . . . .” Anders v. California, supra, 386 U.S. at 744 , 87 S.Ct. at 1400 . | 5 | 1975–1981 |
Commonwealth v. Meehan
green
2 sentences1973Cf. Commonwealth v. Meehan, 409 Pa. 616 , 187 A. 2d 579 (1963).” 429 Pa. at 463 , 240 A. 2d 498, 501 (1968) (emphasis in original). 1973Cf. Commonwealth v. Meehan, 409 Pa. 616 , 187 A. 2d 579 (1963).” 429 Pa. at 463 , 240 A. 2d 498, 501 (1968) (emphasis in original). | 3 | 1968–1973 |
Commonwealth Ex Rel. Whitling v. Russell
green
2 sentences1971In Commonwealth v. Williams, 435 Pa. 550 , the court, after quoting from Whitling, supra, held, at pages 552-53: “But, dual representation in itself does not establish a conflict of interest and, as we pointed out in Commonwealth v. Wilson, 429 Pa. 458 , 240 A.2d 498 (1968): To make dual representation rise to a true conflict, appellant need not show that actual harm resulted, . . . but he must at least show the possibility of harm, e.g. that he had a defense inconsistent with that advanced by the other client, or that counsel neglected his case in order to give the other client a more spirite 1969Whitling, v. Russell, 106 Pa. 15 , 176 A. 2d 641 (1962) : “If, in the representation of more than one defendant, a conflict of interest arises, the mere existence of such a conflict vitiates the proceedings, even though no actual. harm results.” But, dual representation in itself does not establish a conflict of interest and, as we pointed out in Commonwealth v. Wilson, 429 Pa. 458 , 240 A. 2d 498 (1968) : “To make dual representation rise to a true conflict, appellant need not show that actual: harm resulted, . . . but he must at least show the possibility of harm, e.g., that he had a defense | 2 | 1969–1971 |
Commonwealth v. Karenbauer
green
1 sentence2023We emphasize that: (1) the Commonwealth made clear, pre-trial, that it would not call Amelia to testify nor present any evidence or statement related to Amelia, and instead, the Commonwealth would rely on other evidence, especially surveillance video, Jessica’s testimony implicating Appellant in the burglary, and another witness who would identify Appellant in the surveillance video; and (2) Appellant has not argued and established that the legal advice given to him by Trial Counsel conflicted with the legal advice given to Amelia, his defense was inconsistent with Amelia’s defense, he and Ame | 1 | 2023–2023 |
In the Interest of Saladin
green
1 sentence2021Rather, the burden remains on the defendant to demonstrate that the asserted conflict adversely affected his lawyer’s performance.” Id. at 618 (citations omitted). ____________________________________________ 6In the seminal case of In re Saladin, 518 A.2d 1258 (Pa. Super. 1986), this Court defined “actual conflict of interest” as follows: The Pennsylvania Supreme Court has stated that a conflict of interest actually exists where appellant “has a defense inconsistent with that advanced by the other client, or counsel neglected his case in order to give the other client a more spirited defense. | 1 | 2021–2021 |
Commonwealth ex rel. Gass v. Maroney
neutral
1 sentence2021Cf. Maroney, 220 A.2d at 406 . | 1 | 2021–2021 |
Commonwealth v. Bracero
green
2 sentences2015Commonwealth v. Bracero, supra. 262 Pa. Super. at 194 , 396 A.2d at 711 . 2015Commonwealth v. Bracero, supra. 262 Pa. Super. at 194 , 396 A.2d at 711 . | 1 | 2015–2015 |
Commonwealth v. Rodrigues
neutral
1 sentence1983Commonwealth v. Rodrigues, 285 Pa.Superior Ct. 579, 428 A.2d 197 (1981). | 1 | 1983–1983 |
Commonwealth v. Brockington
green
2 sentences1981Commonwealth v. Brockington, 268 Pa.Super. 54 , 407 A.2d 433 (1979), quoting Commonwealth v. Perry, 464 Pa. 272, 275 , 346 A.2d 554, 555 (1975) and Anders v. California, 386 U.S. 738, 744 , 87 S.Ct. 1396, 1400 , 18 L.Ed.2d 493 (1967). 1981Commonwealth v. Brockington, 268 Pa.Super. 54 , 407 A.2d 433 (1979), quoting Commonwealth v. Perry, 464 Pa. 272, 275 , 346 A.2d 554, 555 (1975) and Anders v. California, 386 U.S. 738, 744 , 87 S.Ct. 1396, 1400 , 18 L.Ed.2d 493 (1967). | 1 | 1981–1981 |
Commonwealth v. Small
green
2 sentences1980See also Com. v. Cox, supra. On the other hand, courts have generally found that no conflict of interest exists where co-defendants receiving joint representation present a joint defense, as by denying culpability and blaming other persons for the crimes: Com. v. Small, 434 Pa. 497 , 254 A. 2d 509 (1969); Com. v. Resinger, 432 Pa. 398 , 248 A. 2d 55 (1968); Anno., Conflict of Interest Between Co-defendants Precluding Representation by Same Counsel, 34 A.L.R. 3d 470 (1970). 1980See also Com. v. Cox, supra. On the other hand, courts have generally found that no conflict of interest exists where co-defendants receiving joint representation present a joint defense, as by denying culpability and blaming other persons for the crimes: Com. v. Small, 434 Pa. 497 , 254 A. 2d 509 (1969); Com. v. Resinger, 432 Pa. 398 , 248 A. 2d 55 (1968); Anno., Conflict of Interest Between Co-defendants Precluding Representation by Same Counsel, 34 A.L.R. 3d 470 (1970). | 1 | 1980–1980 |
Commonwealth v. Knight
green
2 sentences1980Commonwealth v. Knight, 245 Pa.Super. 337 , 369 A.2d 431 (1976). 1980Commonwealth v. Knight, 245 Pa.Super. 337 , 369 A.2d 431 (1976). | 1 | 1980–1980 |
Commonwealth v. Armbruster
green
2 sentences1978As we said in Commonwealth v. Armbruster, 225 Pa.Super. 415, 311 A.2d 672 (1973) a party claiming a conflict of interest “must at least show the possibility of harm, e. g., that he had a defense inconsistent with that advanced by the other client, or that counsel neglected his case in order to give the other client a more spirited defense.” 225 Pa.Super. 417 -418, 311 A.2d p. 673 (citations omitted). 1978As we said in Commonwealth v. Armbruster, 225 Pa.Super. 415, 311 A.2d 672 (1973) a party claiming a conflict of interest “must at least show the possibility of harm, e. g., that he had a defense inconsistent with that advanced by the other client, or that counsel neglected his case in order to give the other client a more spirited defense.” 225 Pa.Super. 417 -418, 311 A.2d p. 673 (citations omitted). | 1 | 1978–1978 |
Commonwealth v. Greer
green
2 sentences1977Commonwealth v. Perry, 464 Pa. at 275 , 346 A.2d 554 ; Commonwealth v. Greer, 455 Pa. 106, 109 , 314 A.2d 513 (1974). 1977Commonwealth v. Perry, 464 Pa. at 275 , 346 A.2d 554 ; Commonwealth v. Greer, 455 Pa. 106, 109 , 314 A.2d 513 (1974). | 1 | 1977–1977 |
Commonwealth v. Williams
green
1 sentence1971In Commonwealth v. Williams, 435 Pa. 550 , the court, after quoting from Whitling, supra, held, at pages 552-53: “But, dual representation in itself does not establish a conflict of interest and, as we pointed out in Commonwealth v. Wilson, 429 Pa. 458 , 240 A.2d 498 (1968): To make dual representation rise to a true conflict, appellant need not show that actual harm resulted, . . . but he must at least show the possibility of harm, e.g. that he had a defense inconsistent with that advanced by the other client, or that counsel neglected his case in order to give the other client a more spirite | 1 | 1971–1971 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.