Commonwealth v. Westbrook’s Empirical Analysis
1979
Citation profile
52 state decisions
How this case has been cited
Cited by 52 later decisions — most recently July 2015 · most notably 79 Ill. 2d 147 - People v. Robinson (1980), 79 Ill. 2d 454 - People v. Miller (1980)
52 state decisions
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 · Johnson v. Zerbst · Powell v. State of Alabama Patterson · Coleman v. Alabama · Commonwealth v. Via
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“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, rather than that such harm did result, furnishes 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. Myers, 419 Pa. 139 , 213 A.2d 356 (1965), cert. denied, 386 U.S. 1013 , 87 S.Ct. 1361 , 18 L.Ed.2d 445 (1967). Third, “[t]o make the 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 . . . . ” Commonwealth v. Wilson, supra [429 Pa.] at 463, 240 A.2d at 501 . Fourth, 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. Accord, Commonwealth v. Cox, 441 Pa. 64, 69 , 270 A.2d 207, 209 (1970) (plurality opinion).”
2 later decisions quote this exact passage““ ‘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.” ’ (citations and footnote omitted).” Commonwealth v. Westbrook, supra, 484 Pa. at 538 , 400 A.2d at 162 , citing Commonwealth v. Breaker, supra 456 Pa. at 345 , 318 A.2d at 356 .”
2 later decisions 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.