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· 3/6/1979

Commonwealth v. Soffen

Citations

  • 386 N.E.2d 1030
  • 377 Mass. 433
  • 1979 Mass. LEXIS 1075

How courts have described this case

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

  • “right [to counsel] attaches to that stage of the criminal process during which the defendant is deciding how to plead”
  • see Miller v. United States, 564 F.2d at 106-107; United States v. DiCarlo, 575 F.2d 952, 955-957 [1st Cir.], cert. denied, 439 U.S. 834 [1978]
  • for purposes of a motion to disqualify an expert, \[a]n objecting party has the burden of proving that there exists a conflict of interest warranting disqualification\
  • burden lies with person alleging conflict to prove its existence and precise character
  • potential conflict of interest is one where “a more tenuous conflict appears”
  • “the constitutional guaranty is intended to prevent a defendant’s attorney from being hampered by contemporaneous divided loyalties or by having acquired privileged information which inhibits him in his representation of the defendant”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Braucher, Kaplan, Liacos, Abrams

Read full opinion on CourtListener

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.