Understanding Our H-File Service
- davelusick19701
- 5 hours ago
- 1 min read
We don't reopen cases. We navigate jurisdiction. In Philadelphia homicide litigation, the difference between dismissal and review often turns on one question: Was the record accessible? H-Files-police activ ity sheets, investigative notes, internal memoranda, witness statements-are not trophies.
They are procedural keys.
Without access to those materials, a PCRA petition may never clear the jurisdictional threshold under 42 Pa.C.S 9545(b).
And without jurisdiction, court cannot reach the merits.
The DASH is where the work happens.
When previously undisclosed H-File materials surface, two statutory gateways may be implicated:

Governmental Interference
9545(b)(1)(i)
If suppression by government officials prevented earlier presentation of a claim-particulary material exclupatory or impeachment evidence under Brady v Maryland-the petitioner may invoke the governmental interference exception.
This is not delay.
This is structural obstruction.
Newly Discovered Facts
9545(b)(1)(ii)
If the facts within the H-File were unknown and could not have been ascertained through due diligence, the existence and substance of those materials may satisfy the newly discovered facts exception.
The focus is not a new argument.
It is a new fact.
Why plead both?
Because:
Interference addresses suppression
Newly discovered facts addresses lack of knowledge and diligence.
When suppression itself prevented discovery, both may apply.
Strategic pleading protects jurisdiction.
Jurisdiction protects review.
Review protects constitutional integrity.
What Legal-DASH-Eagles Actually do.
We don't practice law.
We navigate systems.
We don't replace attorneys.
We prepare structure.
We dont' shout.
We elevate clarity.
Access to the record is not relief.
It is the foundation that allows relief to be argued.
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