Pennsylvania § 9578 Subsequent petitions

Pennsylvania Statutes

§ 9578 — Subsequent petitions

Pennsylvania·Title 42 JUDICIARY AND JUDICIAL PROCEDURE·Part PART VIII·Ch. 95 POST-TRIAL MATTERS·Subch. UNITARY REVIEW IN DEATH PENALTY CASES

(a)Further review.--No further review shall be available unless a petition is filed under Subchapter B (relating to post conviction relief) alleging that:

(1)the failure to raise the claim previously was the result of interference by government officials with the presentation of the claim in violation of the Constitution of the United States or laws of the United States or the Constitution of Pennsylvania or laws of this Commonwealth;

(2)the facts upon which the claim is predicated were unknown to the petitioner and could not have been ascertained in the exercise of due diligence; or

(3)the right asserted is a constitutional right that was recognized by the Supreme Court of the United States or the Supreme Court of Pennsylvania after the time period provided in this section and has

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(a) Further review.--No further review shall be available unless a petition is filed under Subchapter B (relating to post conviction relief) alleging that:

(1) the failure to raise the claim previously was the result of interference by government officials with the presentation of the claim in violation of the Constitution of the United States or laws of the United States or the Constitution of Pennsylvania or laws of this Commonwealth;

(2) the facts upon which the claim is predicated were unknown to the petitioner and could not have been ascertained in the exercise of due diligence; or

(3) the right asserted is a constitutional right that was recognized by the Supreme Court of the United States or the Supreme Court of Pennsylvania after the time period provided in this section and has been held by that court to apply retroactively.

(b) Exception petition.--Any petition invoking an exception provided in subsection (a) shall be filed within 60 days of the date the claim could have been presented.

Pennsylvania § 9578 (Subsequent petitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Suspension by Court Order.Section 9578 was suspended August 11, 1997, S.Ct. Order. Cross References.Section 9578 is referred to in section 9573 of this title.