On October 18, 2023, a panel of the Superior Court sided with Jason Javie and reversed an order denying relief under the PCRA. M.M. was arrested in 2016 and charged with Aggravated Assault and related charges arising out of a traffic accident in Northeast Philadelphia. During trial, M.M.’s attorney stipulated to an incorrect summary of the injuries sustained by the alleged victim. Following his conviction, M.M. was sentenced to 8 to 16 years of incarceration. M.M. retained Jason Javie for post-trial proceedings.
Javie filed a PCRA petition seeking a new trial arguing that M.M.’s due process rights had been flagrantly violated and that counsel was unsuccessful. The Commonwealth of Pennsylvania agreed that a hearing should be held on these claims. Nevertheless, the PCRA Court dismissed Mr. McDowell’s petition.
Yesterday, the Superior Court remanded for a hearing on the issue of counsel’s ineffectiveness: “We agree with Appellant and the Commonwealth and conclude that the PCRA court erred when it failed to grant Appellant an evidentiary hearing on his claim that Trial Counsel was ineffective when counsel stipulated to a factually incorrect summary of Ms. Hunter's medical records.”