Wednesday, April 15, 2009

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. DWAYNE BROWN

COMMONWEALTH OF PENNSYLVANIA v. DWAYNE BROWN
No. 1053 MDA 2008 2009 PA Super 69 Atlantic: 972 A.2d 529 Filed: 4/15/2009

Appeal from the PCRA Order of June 4, 2008 in the
Court of Common Pleas of Dauphin County, Criminal
Nos. CP-22-CR-0002685-2006, CP-22-CR-0004452-2006
Before: STEVENS, KLEIN and KELLY, JJ.
Opinion by: KLEIN, J.
Dwayne Brown appeals pro se from the trial court’s order dismissing, without a hearing, his petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. § 9541-9546. On appeal Brown claims ineffectiveness of counsel due to a conflict of interest arising from trial counsel’s dual representation of him and his co-defendant. Because Brown has set forth facts which show the potential for harm as a result of counsel’s dual representation, we reverse and remand for a hearing on his petition.

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