by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
An order granting, denying, dismissing, or otherwise finally disposing of a petition for post-conviction collateral relief shall constitute a final order for purposes of appeal.234 Pa. Code ยง 910Committee Explanatory Reports:Final Report explaining the August 11, 1997...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A)Stays of Execution(1) In a case in which the defendant has received a sentence of death, any request for a stay of execution of sentence should be made in the petition for post-conviction collateral relief.(2) In all cases in which a stay of execution has been...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A) Except as provided in Rule 907, the judge shall order a hearing: (1) whenever the Commonwealth files a motion to dismiss due to the defendant’s delay in filing the petition; or(2) when the petition for post-conviction relief or the Commonwealth’s...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
Except as provided in Rule 909 for death penalty cases,(1) the judge shall promptly review the petition, any answer by the attorney for the Commonwealth, and other matters of record relating to the defendant’s claim(s). If the judge is satisfied from this review...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A) Except as provided in paragraph (E), an answer to a petition for post-conviction collateral relief is not required unless ordered by the judge. When the judge has not ordered an answer, the attorney for the Commonwealth may elect to answer, but the failure to file...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A) The judge may grant leave to amend or withdraw a petition for post-conviction collateral relief at any time. Amendment shall be freely allowed to achieve substantial justice.(B) When a petition for post-conviction collateral relief is defective as originally...
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