Commonwealth v. Fink

WIEAND, Judge:

Linda Kay Fink was charged with driving a pickup truck across her neighbor’s lawn at night and striking the neighbor while the neighbor was walking her dog. She was tried by a jury which found her not guilty of aggravated assault and recklessly endangering another person but guilty of simple assault. On direct appeal from the judgment of sentence, 1 she argues that she is entitled to a new trial because of after-discovered evidence and because her trial counsel was constitutionally ineffective.

The averment of newly discovered evidence in the form of an eyewitness who was present…