Angelo Frank Lugo v. United States

This is an appeal by one of two code-fendants, both of whom were convicted of knowingly importing a narcotic drug [heroin] into the United States, contrary to 21 U.S.C. § 173 , and knowingly receiving, concealing and facilitating the transportation and concealment of the same drug contrary to 21 U.S.C. § 174 .

Appellant urges two points on appeal: that he was denied his Sixth Amendment right to the effective assistance of counsel by virtue of the fact that one attorney represented both appellant and his code-fendant, and that it was error for the court to allow substitution of attorneys only one day before the time of trial without granting a continuance to allow proper preparation of appellant’s defense. The facts which underlie these claims are as follows.

When appellant Lugo and his codefend-ant Santiago were arraigned on July 13, 1964, one Wallace W. Rock, Esq., who had been retained as legal counsel by Santiago, entered a general appearance for Santiago and a special appearance for Lugo. On August 11, at which time a continuance of the trial was granted, Rock again appeared specially for Lugo, stating that he understood that one George Walker, Esq., would represent Lugo,…