Current through Register Vol. 54, No. 44, November 2, 2024
(A) The rules in Chapter 9 apply to capital
and noncapital cases under the Post Conviction Relief Act,
42 Pa.C.S. §§ 9541-9546, as amended by Act 1995-32
(SS1).
(B)
Notice in Death
Penalty Cases
In all death penalty cases upon the Supreme Court's affirmance
of the judgment of a death sentence, the Prothonotary shall include in the
mailing required by Pa.R.A.P. 2521 (Entry of Judgment or Other Order) the
following information concerning the Post Conviction Relief Act and the
procedures under Chapter 9 of the Rules of Criminal Procedure. "Parties" as
used in Pa.R.A.P. 2521 shall include the defendant, the defendant's counsel,
and the attorney for the Commonwealth for the purposes of this rule.
(1) A petition for post-conviction collateral
relief must be filed within one year of the date the judgment becomes final,
except as otherwise provided by statute.
(2) As provided in
42 Pa.C.S. §
9545(b)(3), a judgment
becomes final at the conclusion of direct review, which includes discretionary
review in the Supreme Court of the United States and the Supreme Court of
Pennsylvania, or at the expiration of time for seeking the review.
(3)
(a) If
the defendant fails to file a petition within the one-year time limit, the
action may be barred. See
42 Pa.C.S. §
9545(b).
(b) Any issues that could have been raised in
the post-conviction proceeding, but were not, may be waived.
See
42 Pa.C.S. §
9544(b).
(4) Pursuant to Rule 904
(Appointment of Counsel;
in Forma Pauperis), the trial judge
will appoint new counsel for the purpose of post-conviction collateral review,
unless:
(a) The defendant has elected to
proceed pro se or waive post-conviction collateral
proceedings, and the judge finds, after a colloquy on the record, that the
defendant is competent and the defendant's election is knowing, intelligent,
and voluntary;
(b) The defendant
requests continued representation by original trial counsel or direct appeal
counsel, and the judge finds, after a colloquy on the record, that the
petitioner's election constitutes a knowing, intelligent, and voluntary waiver
of a claim that counsel was ineffective; or
(c) The judge finds, after a colloquy on the
record, that the defendant has engaged counsel who has entered, or will
promptly enter, an appearance for the collateral review proceedings.
