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Commonwealth v. Davis

Citations

  • 384 N.E.2d 181
  • 376 Mass. 777
  • 1978 Mass. LEXIS 1165

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • adopting “prophylactic measure” of requiring judge to conduct colloquy where defendant waives right to conflict-free counsel by agreeing to joint representation, even though colloquy is not constitutionally required
  • permissible for police officer to testify as to use of small manila envelopes for bagging heroin
  • actual conflict of interest when counsel is “shackled or impaired by commitments to persons other than the defendant”
  • “A defendant is entitled to the untrammeled and unimpaired assistance of counsel free of any conflict of interest and unrestrained by commitments to others”
  • a potential conflict of interest arises whenever a single attorney represents more than one defendant in a criminal action
  • even where there is no genuine conflict, a conviction may be overturned where there is a “potential conflict coupled with a showing of material prejudice”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Quirico, Braucher, Wilkins, Abrams

Read full opinion on CourtListener

Cited by

59 cases in this archive cite this case; the 20 most cited are listed.

Cites

41 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.