Commonwealth v. Miller

SUGERMAN, J,

On October 23, 1991, Robert I. Miller was found guilty by a jury of the criminal charges of rape,1 involuntary deviate sexual intercourse,2 indecent assault,3 and simple assault.4 The Honorable Charles B. Smith presided at the defendant’s trial. Trial counsel filed post-trial mo*336tions but before Judge Smith ruled upon such motions, he was appointed to the federal bench and the case was reassigned to the writer. The defendant obtained new counsel who then filed a supplemental and amended motion for a new trial and included therein several allegations of ineffective assistance on the…