by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A) Unless the issue is decided pretrial pursuant to Rule 843, in a case in which the defendant has asserted that imposition of a sentence of death is precluded by reason of his or her mental retardation, after a return of a verdict of guilty of murder in the first...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A) If the parties agree, the issue of the defendant’s mental retardation precluding imposition of a sentence of death shall be determined by the judge after a pretrial evidentiary hearing.(B) The defendant shall appear in person with counsel at the hearing.(C)...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A) EXAMINATION OF DEFENDANT (1) BY AGREEMENT (a) The defendant, the defendant’s counsel, and the attorney for the Commonwealth may agree to an examination of the defendant by the mental health expert(s) designated in the agreement for the purpose of determining...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(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...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
The rules in Part B provide the procedure for determining if imposition of the death penalty is precluded due to the defendant’s mental retardation.234 Pa. Code ยง 840Committee Explanatory Reports:Final Report explaining the July 31, 2013 adoption of the new rule...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
In all cases in which a sentence has been imposed, the case shall proceed pursuant to Rule 720, except that, in cases in which a death sentence has been determined and imposed, the post-sentence motion shall be decided promptly, but shall not be denied by operation of...
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