Pennsylvania Code
Title 210 - APPELLATE PROCEDURE
Part I - RULES OF APPELLATE PROCEDURE
Article II - APPELLATE PROCEDURE
Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS
REVIEW OF DEATH SENTENCES
Rule 1941 - Review of Sufficiency of the Evidence and the Propriety of the Penalty in Death Penalty Appeals

Universal Citation: 210 PA Code § 1941

Current through Register Vol. 54, No. 44, November 2, 2024

(a) Procedure in trial court.-Upon the entry of a sentence subject to 42 Pa.C.S. § 9711(h) (review of death sentence) the court shall direct the official court reporter and the clerk to proceed under this chapter as if a notice of appeal had been filed 20 days after the date of entry of the sentence of death, and the clerk shall immediately give written notice of the entry of the sentence to the Supreme Court Prothonotary's Office. The clerk shall insert at the head of the list of documents required by Pa.R.A.P. 1931(c) a statement to the effect that the papers are transmitted under this rule from a sentence of death.

(b) Filing and docketing in the Supreme Court.-Upon receipt by the Prothonotary of the Supreme Court of the record of a matter subject to this rule, the Prothonotary shall immediately:

1. Enter the matter upon the docket as an appeal, with the defendant indicated as the appellant and the Commonwealth indicated as the appellee.

2. File the record in the Supreme Court.

3. Give written notice of the docket number assignment in person or by first class mail to the clerk of the trial court.

4. Give notice to all parties of the docket number assignment and the date on which the record was filed in the Supreme Court, and give notice to all parties of the date, if any, specially fixed by the Prothonotary pursuant to Pa.R.A.P. 2185(b) for the filing of the brief of the appellant.

(c) Further proceedings.-Except as required by Pa.R.A.P. 2189 or by statute, a matter subject to this rule shall proceed after docketing in the same manner as other appeals in the Supreme Court.

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