Section 9570 – Short title of subchapter

§ 9570. Short title of subchapter. This subchapter shall be known and may be cited as the Capital Unitary Review Act. Suspension by Court Order. Section 9570 was suspended August 11, 1997, S.Ct. Order.

Section 9571 – Scope of subchapter

§ 9571. Scope of subchapter. (a) Capital unitary review.–This subchapter establishes the sole means of challenging proceedings that resulted in a sentence of death. The unitary review proceeding provided by this subchapter shall replace postappeal collateral review of death penalty cases with preappeal collateral review. (b) Appointment of collateral counsel.–Under the action provided in this […]

Section 9572 – Representation of counsel

§ 9572. Representation of counsel. (a) Collateral counsel.–Immediately after the formal imposition of sentence on all charges or within 30 days of the verdict of the death penalty, whichever occurs later, the court shall appoint new counsel for the purposes of collateral review, unless: (1) the petitioner has elected to proceed pro se and the […]

Section 9573 – Time for petition; contents of petition

§ 9573. Time for petition; contents of petition. (a) Filing date.–Any petition under this subchapter shall be filed within 120 days of the date the trial transcript is filed with the court. The court may, for good cause shown, grant extensions of time totaling no more than 90 days. (b) Subsequent or untimely claims.–Any claim […]

Section 9574 – Answer to petition

§ 9574. Answer to petition. The Commonwealth may file a written answer to the petition within 120 days of the filing and service of the petition. For good cause shown, the court may grant an extension of time of up to 90 days. Failure to file an answer shall not constitute an admission of any […]

Section 9575 – Disposition without evidentiary hearing

§ 9575. Disposition without evidentiary hearing. (a) Evidentiary hearing.–No more than 20 days after the Commonwealth answers the petition or, if no answer is filed, 20 days after the deadline for answering, the court shall determine whether or not an evidentiary hearing is warranted. An evidentiary hearing shall not be warranted unless controverted, previously unresolved […]

Section 9576 – Evidentiary hearing

§ 9576. Evidentiary hearing. (a) Order.–If the court determines that an evidentiary hearing is warranted, the court shall enter an order no more than 20 days after the Commonwealth answers the petition or, if no answer is filed, 20 days after the deadline for answering, setting a date for the hearing. (b) Date.–The hearing shall […]

Section 9577 – Disposition and appeal

§ 9577. Disposition and appeal. (a) Capital unitary review.–Review by the Supreme Court under section 9711(h) (relating to review of death sentence) shall comprise direct appeal and collateral appeal. The common pleas court order disposing of the petition under this subchapter shall constitute the final judgment for purposes of this review. (b) Briefs for petitioner.–Unless […]

Section 9578 – Subsequent petitions

§ 9578. Subsequent petitions. (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 […]

Section 9579 – Certification

§ 9579. Certification. (a) General rule.–By presenting to the court, whether by signing, filing, submitting or later advocating, a pleading, written motion or other papers regarding a petition for collateral relief, an attorney or unrepresented party is certifying that, to the best of the person’s knowledge, information and belief, formed after an inquiry reasonable under […]