About Us

Commonwealth v. Sherman McCoy, CP -51-CR-0002501-2014  

In 2019, obtained exoneration and release from prison for a Philadelphia man who had been unjustly convicted of murder and sentenced to life in prison. 

Commonwealth v. Granger, CP-51-CR-0404581-1981

Defended a man in state and federal post-conviction proceedings, who had spent 28 years in prison, serving a life without parole sentence, for a crime he did not commit. Sought and obtained rarely granted post-conviction discovery of the detective's file, and uncovered highly exculpatory evidence. Obtained grant of authorization from the Third Circuit Court of Appeals to file a successive habeas corpus petition (No. 10-2847).

Result: Instead of contesting the newly discovered exculpatory evidence, the Philadelphia District Attorney's Office agreed to the man's immediate release with no further restrictions of any kind. Awarded Hero of Justice Honor from the Pennsylvania Innocence Project for this case. 

Commonwealth v. Goodwin, CP 51 CR 0311821-2002

Defended a Philadelphia man charged with a narcotics related murder. The man was alleged to have shot the victim, at point blank range, in the middle of the street. 

Result: Jury verdict, not guilty all charges.

Commonwealth v. Bryant, CP-51-CR-0002913-2007

Defended a Philadelphia man charged with murder. Defense investigation revealed among other things, a previously undisclosed relationship between the victim and an alleged "disinterested" eye witness.

Result: Jury verdict, not guilty all charges.

Commonwealth v. Clark, CP-51-CR-0706931-2002

Defended a Philadelphia man charged with arson. Conducted extensive pretrial investigation, including: (1) Retaining one of the nation's foremost experts on fire investigations, who provided evidence that the cause of the fire was likely accidental; and (2) investigation tending to show that the man's actions did not cause the fire.

Result: Presented the results of the investigation to the Philadelphia District Attorney's Office, which withdrew all charges. 

Commonwealth v. Tucker, CP-51-CR-0413981-2002

Defended a Philadelphia man charged with murder. During the incident, the man was shot in the back, causing him to become a paraplegic for the rest of his life. Filed a motion, the first of its kind, to bar the murder trial due to physical incompetency.   

Result: Instead of contesting the motion, the Philadelphia District Attorney agreed to suspend the trial. The man lived the remainder of his life (14 years) in a humane group home, where all of his needs were taken care of. 

Commonwealth v. Turpin, CP 51-CR-530831-1992

Defended a Philadelphia man charged with Aggravated Assault for a shooting which paralyzed the victim. Defense investigation cast doubt on the integrity and reliability of the identification of the man as the perpetrator.

Result:  Jury verdict, not guilty all charges.

Commonwealth v. Dennis

Represented a man in the Philadelphia Court of Common Pleas, following remand, after he had been unjustly incarcerated on death row for 25 years for a crime he did not commit. 

Result: Negotiated with the Philadelphia District Attorney's Office to obtain his release in 2017.

State v. Fowler, 442, 2017 DE

Represented a man on appeal of his state PCR (Rule 61) petition, after he had been convicted of Attempt Murder and related charges. He had received a sentence of 50 years in prison. Argued on appeal that the State expert's own legal problems, as well as the prosecutor's withholding of evidence, required that the man be granted a new trial.

Result: State Supreme Court vacated the man's conviction and granted him a new trial.

Commonweath v. Wilson, CP-51-CR-0003267-1988

Defended a Philadelphia man charged with three murders (the man had been previously sentenced to death on the case while represented by another lawyer; he was later granted a new trial). Before new trial began, won a "latches" motion - the first of its kind in Pennsylvania - to prevent the government from seeking the death penalty. Tried the case and presented exculpatory evidence, including DNA evidence. 

Result: Jury verdict, not guilty all charges. 

Clemency case of Robert Gattis

Defended a man in Delaware clemency proceedings, who was scheduled to be executed on January 20, 2012.

Result: First ever grant of clemency in Delaware in the modern era. 

Commonwealth v. Wright, CP 51-CR-120048-1997

Defended a Philadelphia man charged with murder. Raised questions about the integrity of the man’s alleged confession in a pre-trial motion to suppress, after-which the Philadelphia District Attorney decided not to introduce the confession before the jury. 

Result: Jury verdict, not guilty all charges. 

Commonwealth v. Caldwell, CP-51-CR-565-2008

Defended a Philadelphia woman charged with murder, after the woman stabbed a man, causing his death. Defense investigation revealed that the man had a number of controlled substances in his system. Presented defense of self-defense.

Result: Judge verdict, not guilty all charges. 

Commonwealth v. Wells, CP-51-CR-414-2009

Defended a Philadelphia woman who was charged with murder, after the woman stabbed a man, causing his death. Pretrial investigation, including an interview with the Medical Examiner, revealed that the amount of force required to cause the man's death was not consequential. Presented a defense of self-defense

Result: Judge verdict of not guilty of all charges. 

Commonwealth v. Andrews, CP 51-CR-0900451-1992

Defended a Philadelphia man charged with attempted rape, who was apprehended after he was chased by police through the Broad Street subway tunnel between stations.

Result: Jury verdict, not guilty all charges. 

CHIEF, CAPITAL HABEAS CORPUS UNIT 

FEDERAL DEFENDER OFFICE, DISTRICT OF DELAWARE, 2012 - 2016

Chief of Unit that provided state and federal post-conviction representation to people facing the death penalty in Delaware and throughout the country.

• While Chief of the Unit, no one was executed in Delaware, which previously had one of the nation's highest per-capita execution rates in the country;
• Successfully defended against State's attempts to have habeas actions dismissed, and clients executed, based on facial violations of the AEDPA statute of limitations; 
• Worked with State authorities to bring about the elimination of solitary confinement and death row.

SENIOR ATTORNEY, HOMICIDE UNIT 

DEFENDER ASSOCIATION OF PHILADELPHIA, 1993 - 2010

Tried numerous murder cases to full acquittals, including the re-trial of a Philadelphia man who had been previously convicted of a triple murder, and thereafter granted a new trial after sixteen years on death row.

Involved in capital law reform, introducing to Pennsylvania practice:

• Buck motions (i.e., motions to preclude the death penalty based on absence of aggravating circumstances). Commonwealth v. Buck, 709 A.2d 892 (1998);
• Capital "latches" motions (i.e., motions to preclude death on re-trial when delay was caused by prosecutorial misconduct). Commonwealth v. Wilson, CP-51-CR-3267-1988.
• Motions to bar trial due to physical incompetency. Commonwealth v. Tucker, CP-51-CR-0413981-2002.

ADJUNCT PROFESSOR OF LAW — TRIAL ADVOCACY

DREXEL UNIVERSITY SCHOOL OF LAW 2020 (criminal procedure) 

TEMPLE UNIVERSITY SCHOOL OF LAW 2005 - 2018 (trial advocacy)

LECTURER AND TRAINER

Trial and Post-conviction training programs for criminal defense attorneys and death penalty attorneys, (1995 - present), sponsored by:

• Temple University School of Law
• NAACP Legal Defense Fund
• ABA Death Penalty Representation Project
• Pennsylvania Association of Criminal Defense Lawyers
• National Institute for Trial Advocacy
• Atlantic Center for Capital Representation
• U.S. Courts Habeas Assistance Training Project
• Federal Defender Services Office Training Branch

TRIAL ATTORNEY

Defender Association of Philadelphia, 1983 - 1992