Public-domain · open source
OpenJurist
← 306 Pa. Super. 25 - Commonwealth v. Evans

306 Pa. Super. 25 - Commonwealth v. Evans’s Empirical Analysis

1982

Citation profile

15
cited by 15 later decisions
3
states following
July 2015
most recently cited

15 state decisions

How this case has been cited

Cited by 15 later decisions — most recently July 2015

15 state decisions

1001982199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Glasser v. United States · Cuyler v. Sullivan · Ogletree v. Ohio · United States v. Thompson · Commonwealth Ex Rel. Whitling v. Russell

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[Representation ' of co-defendants - by different attorneys of the same law firm constitutes dual or joint representation. Commonwealth v. Albertson, 269 Pa.Super. 505 , 410 A.2d 815 (1979). ... However, dual representation is insufficient to support a finding of conflict of interest, and is not a per se violation of constitutional guarantees of effective assistance of counsel. See Glasser v. United States, 315 U.S. 60 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942). To make the dual representation rise to a true conflict, appellant need not show that actual harm resulted, but must at least show the possibility of harm. Commonwealth v. Westbrook, [ 400 A.2d 160 (1979) ]. The law applicable to dual representation cases was delineated in Commonwealth v. Breaker, 456 Pa. 341, 344-45 , 318 A.2d 354, 356 (1974): “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, even though no actual harm results. The potentiality that such harm may result, fur nishes the appropriate criterion.’ Commonwealth ex rel. Whitling v. Russell, 406 Pa. 45, 48 , 176 A.2d 641, 643 (1962). Second, a defendant must demonstrate that a conflict of interest actually existed at trial, because ‘dual representation alone does not amount to a conflict of interest.’ Commonwealth v. Wilson, 429 Pa. 458, 463 , 240 A.2d 498, 501 (1968); Commonwealth ex rel. Corbin v”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.