Pennsylvania § 9546 Relief and order

Pennsylvania Statutes

§ 9546 — Relief and order

Pennsylvania·Title 42 JUDICIARY AND JUDICIAL PROCEDURE·Part PART VIII·Ch. 95 POST-TRIAL MATTERS·Subch. POST CONVICTION RELIEF

(a)General rule.--If the court rules in favor of the petitioner, it shall order appropriate relief and issue supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence or other matters that are necessary and proper.

(b)Grounds to be stated.--(Deleted by amendment).

(c)Status of order.--(Deleted by amendment).

(d)Review of order in death penalty cases.--An order under this subchapter granting the petitioner final relief in a case in which the death penalty has been imposed shall be directly appealable by the Commonwealth to the Supreme Court pursuant to its rules. An order under this subchapter denying a petitioner final relief in a case in which the death penalty has been imposed shall not be reviewable in the Superior Court but shall be revi

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(a) General rule.--If the court rules in favor of the petitioner, it shall order appropriate relief and issue supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence or other matters that are necessary and proper.

(b) Grounds to be stated.--(Deleted by amendment).

(c) Status of order.--(Deleted by amendment).

(d) Review of order in death penalty cases.--An order under this subchapter granting the petitioner final relief in a case in which the death penalty has been imposed shall be directly appealable by the Commonwealth to the Supreme Court pursuant to its rules. An order under this subchapter denying a petitioner final relief in a case in which the death penalty has been imposed shall not be reviewable in the Superior Court but shall be reviewable only by petition for allowance of appeal to the Supreme Court.

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Legislative History

(Apr. 13, 1988, P.L.336, No.47, eff. imd.; Nov. 17, 1995, 1st Sp.Sess., P.L.1118, No.32, eff. 60 days; June 25, 1997, P.L.324, No.33, eff. imd.) 1997 Amendment.Act 33 amended subsec. (d). Suspension by Court Order.The 1995 and 1997 amendments to section 9546 were suspended August 11, 1997, S.Ct. Order. Cross References.Section 9546 is referred to in section 722 of this title.