'Philadelphia Lawyer' a misnomer in criminal post-conviction realm

A Philadelphia Inquirer and ProPublica investigation found case after case in criminal post-conviction actions where court-appointed attorneys did minimal work to examine their clients’ claims and rejected what later turned out to be legitimate legal issues. The findings reveal that Philadelphia’s post-conviction system repeatedly delayed or denied justice for wrongfully convicted people who then spent years or decades behind bars.

The news organizations reviewed 250 of Philadelphia’s reversed convictions and sentences since 2018 in violent felony cases. Wagner was one of at least 50 people whose lawyers said there was no basis to challenge their cases, only for judges to later decide they deserved new trials or sentences. 

While in some cases the exonerating evidence did not emerge until years after the no-merit letter was filed, a majority were tossed out based on issues the PCRA lawyers overlooked or rejected. 

Three years of invoices appointed attorneys submitted to the court, covering 83 homicide PCRA cases in which the lawyers filed no-merit letters, show the extent of lawyers’ efforts.

Those attorneys did not arrange a single phone call with the client, contact the trial lawyer or obtain the police or prosecution case files about three-quarters of the time. Those case files have been a key source of evidence in overturned convictions since Philadelphia’s district attorney began making them available to lawyers six years ago.

Lawyers Did Little Before Declaring Cases Meritless

Homicide cases are the most serious ones a lawyer can handle. But many lawyers handling homicide Post Conviction Relief Act cases never spoke with their clients before rejecting their claims. Here’s how often they took basic steps in 83 cases.

Data is drawn from all invoices submitted in 2023, ’24 and ’25 for no-merit letters filed in a total of 83 homicide cases.

In some cases, records show the attorneys rejected their clients’ claims just days or weeks after being appointed and submitted filings with factual errors, including the wrong defendant’s name. They filed no-merit letters despite red flags, such as a client’s co-defendant having already been exonerated or a detective who locked the client up having been arrested for assaulting witnesses or tampering with evidence. 

Daniel Anders, the administrative judge who oversees Philadelphia’s court-appointed counsel system, did not respond to requests for comment. 

Judge Barbara McDermott, who oversaw many PCRA cases before recently retiring from Philadelphia’s Court of Common Pleas, defended the system and said it is working as intended. 

“We’re never going to be a perfect system, but within the system we’ve had we’ve done the best we can,” she said, adding that no-merit letters play an important role in shutting down pointless challenges. “At some point, there has to be finality to cases.”

In Pennsylvania, a person looking to challenge their conviction starts by filing a PCRA petition, often handwritten on a state-issued form. If it’s a person’s first PCRA, a judge will assign a lawyer to amend it. 

To read more CLICK HERE