Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED
Part B - Procedures for Seeking to Preclude Imposition of a Sentence of Death by Reason of the Defendant's Mental Retardation
Rule 841 - Notice of Mental Retardation Precluding Imposition of Sentence of Death
Current through Register Vol. 54, No. 44, November 2, 2024
(A) Notice of Mental Retardation Precluding Imposition of a Sentence of Death
A defendant who intends to offer evidence of mental retardation that would preclude the imposition of a sentence of death shall file with the clerk of courts not later than 90 days after arraignment, or within such other time as allowed by the court upon cause shown, a notice of the intention to offer the evidence and certification of service on the attorney for the Commonwealth.
(B) Notice of Expert Evidence of Mental Retardation
A defendant who intends to introduce expert evidence relating to mental retardation that would preclude imposition of a sentence of death shall file with the clerk of courts not later than 90 days after arraignment, or within such other time as allowed by the court upon cause shown, a notice of the intention to offer the expert evidence and a certification of service on the attorney for the Commonwealth.
(C) Reciprocal Notice of Witnesses
Within 30 days after receipt of the defendant's notice of mental retardation that would preclude the imposition of a sentence of death or notice of expert evidence of mental retardation or within such other time as allowed by the court upon cause shown, the attorney for the Commonwealth shall file and serve upon the defendant's attorney, or the defendant if unrepresented, written notice of the names and addresses of all witnesses the attorney for the Commonwealth intends to call to disprove or discredit the defendant's claim of mental retardation.
(D) If prior to or during trial a party learns of an additional witness or additional information which, if known, should have been included in the notice furnished under paragraphs (A), (B), or (C), the party shall promptly notify the other party's attorney, or if unrepresented, the other party, of the existence and identity of such additional witness.
(E) After docketing the notice, the clerk of courts immediately shall transmit the notice to the trial judge.
