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Rule 900 – Scope; Notice In Death Penalty Cases

May 14, 2021 | Criminal Procedure, Pennsylvania

(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 seor 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.

234 Pa. Code § 900

Amended by Pennsylvania Bulletin, Vol 49, No. 42. October 19, 2019, effective 10/19/2019

Committee Explanatory Reports:

Final Report explaining the August 11, 1997 adoption of Rule 1500 published with the Court’s Order at 27 Pa.B. 4305 (August 23, 1997) .

Final Report explaining the July 23, 1999 Comment revision concerning stays published with the Court’s Order at 29 Pa.B. 4167 (August 7, 1999) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000) .

Final Report explaining the March 26, 2002 amendments providing for notice in death penalty cases published with the Court’s Order at 32 Pa.B. 1841 (April 13, 2002) .