Recent Cases

Right to an appeal

Commonwealth v. A.C.

In this case, our client was convicted of robbery based on scant facts and weak evidence.  His lawyers initially filed an appeal, but withdrew the appeal because they thought it was meritless and that a different strategy should have been pursued.  Mr. Mosser was retained and discovered that there was in fact a meritorious issue to pursue on appeal.  Mr. Mosser filed a PCRA petition and a supporting brief, and argued that our client’s appeal rights should be restored.  The Court agreed, and reinstated our client’s appeal rights, such that we can now pursue a strong appeal in the Superior Court. 

Right to Counsel

Commonwealth v. M.C.

In this case, our client was charged with aggravated assault, strangulation, and other serious offenses. Prior to trial, he was represented by court appointed counsel. That lawyer was granted permission by the Court to withdraw from the case when our client obtained menial employment allowing him to barely pay for his cost of living expenses. The court insisted that our client could afford private counsel, despite our client’s repeated pleas with the court to recognize that he could not do so. The Court forced our client to go to trial without a lawyer. At the trial, our client stood mute because he had no knowledge of the legal process, and was then convicted of all charges and sentenced to a lengthy term of incarceration. On appeal, Mr. Mosser argued that our client was denied his fundamental constitutional rights to counsel. In a published opinion, the Superior Court agreed and reversed our client’s convictions and remanded the case for a new trial and ordered the trial court to protect our client’s right to counsel.

First Degree Murder

Confidential

In this case, we argued in PCRA litigation that a corrupt detective tainted a homicide investigation that led to our client’s conviction for first degree murder.  After proving that the detective fabricated evidence, our client was granted a new trial.  Mr. Mosser continued to represent our client pro bono for the next two years, and convinced the District Attorney’s Office to withdraw the charges after we showed that the key evidence in the case, a photo array prepared by the corrupt detective which included our client, was improperly suggestive.  Our client, having served eleven years of a life sentence, is now home with his family.  News coverage of the case can be found here.

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