In this case, the client’s prior lawyer failed to file an appeal, and claimed that his client never asked him to file one. We filed a PCRA petition alleging that the client had specifically instructed his lawyer to file an appeal. After a lengthy evidentiary hearing that included testimony from the client and Mr. Mosser’s cross examination of the prior lawyer, the PCRA court found our client to be credible, the prior lawyer to have not been credible, and granted the PCRA petition. The client’s rights to file an appeal were restored, and the case is currently on appeal
