Commonwealth v. Dinicola

¶ 1 The Commonwealth appeals from the Honorable Gordon R. Miller’s order granting David Joseph DiNieola a new trial based on the ineffectiveness of DiNicola’s trial counsel (Trial Counsel). DiNieola had alleged that Trial Counsel was ineffective for not objecting to questioning by the Commonwealth that revealed DiNicola’s pre-arrest silence.

¶2 This is the second time this case has been before this Court. In April 2000, in an opinion written by the late Judge Vincent A, Cirillo, this Court determined that DiNieola had satisfied two of the three elements necessary to establish ineffectiveness…