Cmnwlth. v. Diaz – Pa. Supreme Court – March 26, 2020 (5-2)
http://www.pacourts.us/assets/opinions/Supreme/out/J-57-2019mo%20-%2010438223398893021.pdf?cb=1 - majority
In this discretionary appeal, the Commonwealth challenges the Superior Court’s application of United States v. Cronic, 466 U.S. 648 (1984), to find that trial counsel’s failure to secure a Spanish language interpreter for Miguel Diaz (“Diaz”) on the first day of his criminal trial constituted per se prejudice as Diaz was not a native English speaker and could not fully understand the proceedings.
We conclude that where the absence of a needed interpreter at a critical stage of trial obstructs his ability to communicate with counsel, Cronic applies such that the defendant need not prove that he or she was prejudiced by a Sixth Amendment violation. Based on the record and the standard by which we review this case, we find that the Superior Court correctly concluded that Cronic was applicable and that no specific showing of prejudice was required because of the absence of an interpreter on the first day of trial during critical stages of the proceeding.
Dissent – Dougherty - http://www.pacourts.us/assets/opinions/Supreme/out/J-57-2019do%20-%2010438223398874590.pdf?cb=1
Dissent- Mundy - http://www.pacourts.us/assets/opinions/Supreme/out/J-57-2019do1%20-%2010438223398874557.pdf?cb=1
