The Premier Pennsylvania Law Firm
For Post-Conviction Litigation

Our Location

Daniel Silverman, J.D., M.Ed.

The Widener Building – Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
Phone: 215.713.9146
Email: [email protected]

 

State Court PCRA
and Direct Appeal

 

2023     Commonwealth v. Hernandez, No. 12606-2011. 29½ – 56 year sentence for third-degree murder vacated on ground of ineffective assistance of counsel. Client pled to reduced charges of voluntary manslaughter for 13-year sentence, making client eligible for parole in 6 months.

2023
     Commonwealth v. Brown-Camp, No 3503-2015.  22½-year sentence for third-degree murder vacated on ground of ineffective assistance of counsel after successful appeal at No. 2328 EDA 2021, reversing PCRA court’s dismissal order.

2023
     Commonwealth v. Pratt, No. 2025-2011. 45-year sentence for first-degree murder vacated on ground of ineffective assistance of counsel; sentence subsequently cut in half.

2022  
   Commonwealth v. Bradley, No. 2005-2016.  First-degree murder conviction and life sentence overturned on ground of ineffective assistance of trial counsel. Client resolved case with 20-year negotiated plea.

2020
     Commonwealth v. Smith, No. 0502972-2004. Death sentence vacated on grounds of ineffective assistance of counsel.

2020
     Commonwealth v. Burrell, No. 598-2015. 30-year sentence overturned on grounds of ineffective assistance of counsel. Case resolved for 2-year sentence with immediate parole.

2019
     Commonwealth v. King, No. 0706191-2005. 13-year-old first-degree murder conviction and life sentence overturned on grounds of prosecutorial due process violation. Client’s second life sentence also automatically vacated as a result of this decision.

2019
     Commonwealth v. King, 0706191-2005. Secured precedent-setting ruling with national impact precluding prosecutors from interviewing trial counsel in post-conviction cases alleging ineffective assistance of counsel.

2019
     Commonwealth v. Maisonet, No. 1134831-1990. 28-year-old first-degree murder conviction and death sentence overturned on grounds of prosecutorial misconduct and ineffective assistance of trial counsel. Case resolved with time-served sentence and client was immediately removed from death row and released to the street from the courtroom.

2018
     Commonwealth v. Manigault, No. 0907631-2005. Life sentence for first-degree murder of one child and attempted murder and aggravated assault of a second child vacated after 14 years of incarceration on grounds of unconstitutional sentence; new total sentence of 24 years imposed on both charges.

2018
     Commonwealth v. Garcia, No. 0502041-2001. Life sentence for second-degree murder vacated after 17½ years of incarceration on grounds of unconstitutional sentence; new sentence of 17 years imposed and client immediately paroled.

2018
     Commonwealth v. Cruz, No. 0310322-1997. Life sentence for first-degree murder of a child vacated after 21 years of incarceration on grounds of unconstitutional sentence; new sentence of 25 years imposed.
2017     Commonwealth v. Smith, No. 190-2010. First-degree murder conviction overturned on grounds of judicial error and ineffective assistance of counsel; life sentence reduced to 20 years.

2017
  Commonwealth v. Carter, No. 14014-2007. Second-degree murder conviction vacated on grounds of ineffective assistance of trial counsel; 25-year sentence reduced to 5 years with immediate parole, all murder charges dropped.

2017
     Commonwealth v. Smith, No. 0102172-2005. Second-degree murder conviction and life sentence vacated and new trial granted on grounds of prosecutorial misconduct. All charges subsequently dismissed on grounds of double jeopardy.

2014
     Commonwealth v. Cassis, No. 3389-2011.  Sentence of 69 years reduced to 7 years after findings of gross abuse of judicial discretion.

2012
      Commonwealth v. Robinson, No. 55-1994.   18-year-old death sentence vacated and life sentence imposed in serial murder/rape case.  (Co-counsel with Patricia McKinney, Esquire)

2011
     Commonwealth v. McIntyre. No. 0901831-1997. 14-year-old murder conviction overturned on grounds of trial counsel ineffectiveness.

2009
     Commonwealth v. Burno, No. 3637-2003. Double death sentences overturned on grounds of prosecutorial misconduct.

2008
     Commonwealth v. Jaynes, No. 100-2003. Homicide conviction and 38-year sentence overturned on grounds of ineffective assistance of trial counsel; client re-sentenced to 5 years.

Federal Habeas Corpus

2023     Robinson v. Zaken, No. 21-5621. Federal magistrate judge’s report issued recommending that first-degree murder conviction and life sentence be vacated on grounds of ineffective assistance of counsel (awaiting district court approval).

2022
     Moore v. Rivello, No. 20-838. Third-degree murder conviction and 45-year sentence overturned on grounds of judicial error and ineffective assistance of trial counsel. Client resolved case for time-served negotiated plea and immediate parole.

2021
     Jackson v. Capozza, No. 17-5126. Third-degree murder conviction and 40-year sentence overturned on grounds of judicial error and ineffective assistance of all prior counsel. Client resolved case for time-served negotiated plea and immediate parole.

2020
     Edmunds v. Tice, No. 19-1656. First-degree murder conviction and life sentence overturned on grounds of judicial error and ineffective assistance of all prior counsel. Client resolved case for negotiated plea of 20 years.
2020     McDowell v. DelBalso, No. 18-1466. Double first-degree murder convictions (one involving the killing of a child) and two life sentences overturned on grounds of judicial error and ineffective assistance of all prior counsel. Client resolved cases for a total of 7½ years’ imprisonment with immediate parole.

2019
    Brown v. Kauffman, No. 17-2236. First-degree murder conviction and life sentence overturned on grounds of judicial error and ineffective assistance of counsel. Client resolved case for 11-years’ imprisonment.

2018
    Gant v. Giroux, No. 15-4468. 80-year sentence for third-degree murder and related charges vacated and new trial granted on grounds of judicial error. Client re-sentenced to 13½ years’ time served.

2017
    Brooks v. Gilmore and Department of Corrections, No. 15-5659. First-degree murder conviction and life sentence vacated and new trial granted on grounds of judicial error and ineffective assistance of counsel. Life sentence reduced to 9 years’ time served.

2013
    Lambert v. Beard, No. 07-9005. 29-year-old double capital murder convictions and death sentences overturned on grounds of prosecutorial misconduct. Case resolved for time-served sentence. (Co-counsel with Stuart Lev, Esquire)

2011
    Chester v. Pa. Dep’ of Corrections, No. 99-4111. 27-year-old first-degree murder conviction and death sentence vacated and remanded for new trial. (Co-counsel with Jules Epstein, Esquire)

Notable Civil Verdicts
And Recoveries

2011    Schneyder v. Smith, 653 F.3d 313 (3d Cir. 2011).  Overcame prosecutorial immunity, recovered $275,000 for prosecutorial misconduct and established binding precedent imposing duty on prosecutors to closely monitor detention status of material witnesses.

2009
    Cole v. City of Philadelphia, No. 3642-2008.  Plaintiff’s recovery of $185,000 for false arrest and excessive force.

2008
    Odd v. Malone. 538 F.3d 202 (3d Cir. 2008).  Overcame prosecutorial immunity, plaintiff’s subsequent recovery of $80,000 for prosecutorial misconduct

2007
    Carpenter v. City of Philadelphia, No. 07-0012. Plaintiff secured injunctive relief preventing police from detaining witnesses in homicide cases, plus $30,000 recovery for damages of half-day in jail.

2005
    Hunter v. Nationwide Insurance. Personal injury recovery of $225,000.

1996
    Spady v. Gasparro. Jury verdict for $500,000 for legal malpractice by criminal defense attorney.  This was the first and to date only plaintiff’s verdict in criminal defense malpractice case in Pennsylvania history where damages for pain and suffering were awarded.

1995
    In re: One Meridian Plaza Litigation.  Plaintiff’s recovery of $2.5 million for widow of Philadelphia firefighter in wrongful death action.

1994
    Morphew v. City of Philadelphia. Plaintiff’s recovery of $100,000 for police misconduct.

1991
    Naglak v. Pennsylvania State University Hershey Medical School. Plaintiff’s recovery of $200,000 for sex discrimination and retaliation against medical student by dean of medical school.