COMMONWEALTH v. HODGE


386 Mass. 165 (1982)

434 N.E.2d 1246

COMMONWEALTH vs. BARRY W. HODGE.

Supreme Judicial Court of Massachusetts, Berkshire.

May 7, 1982.


Attorney(s) appearing for the Case

David O. Burbank for the defendant.

Stephen R. Kaplan, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

We consider a claim that the defendant in a murder trial was denied effective assistance of counsel because his attorney's law partner concurrently represented a prosecution witness in an unrelated civil matter. We conclude that the defendant Hodge was denied the effective assistance of counsel, to which he is entitled under art. 12 of the Massachusetts Declaration of Rights, because of counsel's concurrent representation, and reverse the trial judge...

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