Commonwealth v. Dyson

HOFFMAN, Judge:

In a Post Conviction hearing Act petition 1 appellant alleged that the state unconstitutionally used perjured testimony to secure his conviction and that trial counsel provided ineffective assistance because he pressured appellant to waive his right to a jury trial and failed to explain adequately the possible consequences of a jury trial waiver. The lower court dismissed this petition without a hearing. We hold that appellant is entitled to a PCHA hearing on his contention that trial counsel was ineffective because he pressured and advised appellant to waive trial by jury. 2

On…