Our Recent Criminal Appeals Cases in Pennsylvania

Murder Exoneration

Commonwealth v. I.S.

This was a case that involved a robbery conviction related to one victim and a separate second-degree murder conviction that related to a different victim, both resulting in a sentence of thirty years to life imprisonment. Our client was a seventeen-year old female who was wrongfully convicted based on an illegally coerced confession elicited from her by a now-exposed corrupt detective; false testimony from another juvenile, and fatally flawed identification testimony from two eyewitnesses. During the course of this PCRA litigation, which spanned over four years, we engaged the Conviction Integrity Unit of the Philadelphia District Attorney’s Office.

Our firm uncovered and presented cell-phone records that established an alibi for our client, presented alibi testimony at one of several PCRA hearings; presented favorable evidence that the prosecution failed to disclose at the time of trial; and comprehensively and definitively refuted each piece of “evidence” that was used to convict our client. After nearly thirteen years of incarceration, our client’s convictions were vacated and she is now home with her family.

Extensive details about this case are detailed in the chronicles of the National Registry of Exonerations, found at https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=6545.

Mr. Mosser’s Post Hearing Brief can be reviewed here: Download PDF.

Media coverage of this case can be found here: www.audacy.com/kywnewsradio/news/local/india-spellman-free-2013-murder-conviction-dismissed

and here: https://www.inquirer.com/news/india-spellman-exoneration-philadelphia-da-larry-krasner-wrongful-conviction-20230209.html

Right to Counsel of Choice

Commonwealth v. N.L.

In this highly publicized case, our client was alleged to have fired multiple rounds from a semi-automatic rifle at several police officers during a lengthy armed standoff. During the confrontation, several officers were audio recorded as having mocked our client and encouraging him to commit suicide. Our client’s first lawyer improperly released these recordings to the media, and because of this misconduct, was removed from representing our client against his
wishes. Our client was subsequently convicted of several counts of attempted murder and aggravated assault and sentenced to 28 1/2 to 57 years incarceration.

Our firm was hired to litigate the appeal, and we successfully argued that our client’s constitutional right to retain the lawyer of his choosing was violated, thus causing a structural error in the trial. After our briefing and Mr. Mosser’s presentation of oral argument, the Superior Court of Pennsylvania reversed our client’s convictions. The Court’s published opinion can be found here: Download PDF

Financial Fraud Lawsuit

DYKWYPA, et al, v. MLPFS

In this federal civil lawsuit, Mr. Mosser represented a number of plaintiffs who sued a large broker-dealer for fraud, conversion, and breach of fiduciary duty related to the mishandling of the clients’ funds.  After having successfully argued for punitive damages to be permissible in this case, the matter settled on the eve of trial for an amount that was over four times the client’s actual damages. 

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