Mr. Mosser represented a client that was convicted of a serious aggravated assault on his former paramour. The trial was a classic “he-said-she said” case, featuring the complainant’s accusations against our client’s steadfast denial. Mr. Mosser filed a PCRA petition alleging that prior trial counsel was ineffective for failing to investigate or call favorable character witnesses who would have testified that our client had a good reputation for being peaceful, which would have substantiated his testimony. After an evidentiary hearing at which Mr. Mosser secured an admission from prior trial counsel that he believed such witnesses would not have helped the case, the PCRA Court nevertheless denied the petition.
Mr. Mosser appealed that decision to the Superior Court. In a published decision that reinforced legal precedent in this Commonwealth, the Superior Court reversed the PCRA Court’s decision and ordered a new trial. A copy of the Superior Court’s precedential opinion can be viewed here.