Mr. Mosser represented a client who defended himself against someone who punched him, knocked him out, jumped on top of him, choked him nearly unconscious and had a knife. The client was nevertheless convicted of Third Degree murder and sentenced to twenty-five to fifty years’ incarceration. This happened because his trial lawyer mishandled the case. Mr. Mosser litigated an evidentiary hearing at which he argued that the lawyer gave our client faulty advice that caused him to waive his right to testify and explain what really happened. During questioning of this prior lawyer, Mr. Mosser secured an admission from counsel that his advice was inaccurate. After extensive post-hearing briefing, the Court granted Mr. Mosser’s petition and vacated the client’s conviction. In announcing its decision, the Judge noted that this was the fist PCRA petition he had ever granted after having served for over a decade on the bench. Mr. Mosser subsequently negotiated a favorable plea deal for the client, and his sentence will be at least cut in half, which will afford the client an immediate opportunity for parole given the amount of time the client has served.
