Commonwealth Ex. Rel. James Dadario v. Goldberg

OPINION

NEWMAN, Justice.

We granted allowance of appeal to determine whether an ineffective assistance of counsel claim that arises out of the plea bargaining process is cognizable under the state habeas corpus statute. 1

On July 16, 1997, authorities arrested James Dadario, III (Appellant) and charged him with rape, involuntary deviate sexual intercourse, indecent assault, simple assault and aggravated assault. The Commonwealth subsequently amended the criminal information to add a charge of sexual assault. Prior to trial, the Commonwealth offered Appellant a plea bargain: in exchange for a…