Commonwealth Pennsylvania v. Michael Weiss

On May 2, 1986, Michael Weiss, appellant, was convicted by a jury in the Court of Common Pleas of Bucks County of Rape, Statutory Rape, Incest, Indecent Assault, Simple Assault, Endangering the Welfare of Children and Corruption of Minors. Subsequent to the filing of post-trial motions in arrest of judgment and for a new trial, trial counsel withdrew his appearance. Present counsel entered their appearance on behalf of appellant, and filed supplemental post-verdict motions, raising issues concerning after-discovered evidence and ineffective assistance of counsel. An evidentiary hearing was held before the trial court on November 17, November 20, and December 3, 1987. New counsel was then granted permission to litigate supplemental post-verdict motions nunc pro tunc. Following argument to the trial court en banc, appellants post-verdict motions were denied in an opinion and order dated January 5, 1989. On February 3, 1989, appellant was sentenced to a period of incarceration of not less than five (5) years nor more than ten (10) years. On November 27, 1989, the Superior Court affirmed the judgment of sentence. 397 Pa. Super. 648, 571 A.2d 507. This appeal followed. Appellant