Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Schweiger

Superior Court of Delaware

October 26, 2017

STATE OF DELAWARE
v.
GERARD T. SCHWEIGER, Defendant.

         In and for Kent County RK15-04-0219-01 Perjury 1st (F) RK15-04-0221-01 Conspiracy 2nd F)

         COMMISSIONER'S REPORT AND RECOMMENDATION

         Upon Defendant's Motion for Postconviction Relief Pursuant to Superior Court Criminal Rule 61

          Brian J. Robertson, Esquire, Deputy Attorney General, Department of Justice, for the State of Delaware.

          Gerard T. Schweiger, Pro se.

          Andrea M Freud, Commissioner.

         The defendant, Gerard T. Schweiger ("Schweiger"), pled guilty on November 25, 2015 to one count of Perjury in the First Degree, 11 Del. C. §1223, and one count of Conspiracy in the Second Degree, 11 Del. C. § 512. He was also facing one additional count of perjury in the First Degree and one count of Bribing a Witness. Nolle prosequis were entered by the State on the additional charges in exchange for Schweiger's plea. As part of the Plea Agreement the parties agreed to recommend a sentence of ten years at Level V. Schweiger faced an additional eight years incarceration on the additional pending charges had he gone to trial and been found guilty as charged. Schweiger did not appeal his conviction or sentence to the Delaware Supreme Court, instead he filed a motion for modification of sentence that was denied on January 20, 2016. Next, he filed pro se, a motion for postconviction relief pursuant to Superior Court Criminal Rule 61 and motion to compel on February 3, 2016. A briefing order was issued but on May 24, 2016, Schweiger filed a "Motion to Dismiss Postconviction Motion Without Prejudice." The Court deemed Schweiger's Motion to Dismiss a "Motion to Withdraw, Without Prejudice" and issued an Order to that effect on July 7, 2016. Schweiger also filed a second motion to withdraw guilty plea, a second motion to compel, a motion for transcripts, and four motions for appointment of counsel. All motions were denied. On October 7, 2016, Schweiger tiled a motion for postconviction relief which was designated his "first" motion as the previous motion had been withdrawn, without prejudice. In the motion he listed two grounds for relief. On December 2, 2016, Schweiger filed a "Supplemental First" motion for postconviction adding two more grounds.

         FACTS

         The charges stem from Schweiger's own Perjury and Conspiracy with his co-defendant Phillip Wright, ("Wright"), to commit perjury during Schweiger's trial for First Degree Murder. In part, as a result of the perjury, Schweiger was found not guilty on the Murder charge. Following his acquittal Schweiger was taped in a phone conversation stating how he got away with murder and admitting to committing perjury during his murder trial. Additionally Wright was confirmed to have been incarcerated on the date he had claimed, in his testimony during the Murder trial, to have met Schweiger which purported to establish an alibi for Schweiger. Delaware Criminal Justice Information System ("DELJIS") records established Wright had in fact been incarcerated when he claimed to have met Schweiger thus demonstrating his Perjury. Further as Wright told police Schweiger had approached him and asked him to lie at trial and wrote down what he wanted Wright to say.

         SCHWEIGER'S CONTENTIONS

         In Schweiger's motion for postconviction relief filed October 4, 2016, he raises the following grounds for relief:

Ground one: Ineffective Assistance of Counsel.
When entering my plea on Nov. 25, 2015, 1 year of probation was added to my sentence. After, I signed my plea, with (sic) over sentenced me and my legal counsel failed to ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.