This was a third degree murder case where Mr. Mosser filed a PCRA petition on behalf of our client who had been convicted of third degree murder and sentenced to 29-62 years of incarceration. Mr. Mosser argued that the client’s former appeal lawyer was constitutionally ineffective for failing to raise on appeal that the trial court erred by refusing to give an involuntary manslaughter instruction to the jury. The PCRA Court dismissed his petition. He took an appeal to the the Superior Court, and the Court agreed with his argument and reversed the matter for an evidentiary hearing to determine if our client is entitled to a new trial.
