Basics of a PCRA Petition under Pennsylvania law

by | May 2, 2014 | Criminal Defense

A PCRA is a petition which a Defendant may challenge challenging his attorney’s effectiveness.  42 Pa.C.S.A. § 9545(b) requires that a PCRA petition be filed within one year of the date judgment becomes final.  This requirement has three exceptions which would excuse an untimely filing:  (1) interference by government officials; (2) realization of facts previously unknown to the defendant, which could not have been determined with due diligence; or (3) the assertion of a constitutional right recognized by the United States Supreme Court or the Supreme Court of Pennsylvania, after the time period provided by this section had expired, and has been held to apply retroactively by that same court.  42 Pa.C.S.A. § 9545(b);

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