Overview
Drawing on over 35 years of experience
Professor Thomas Place not only explains how relief under the Post Conviction Relief Act (PCRA) relates to other post-conviction remedies (namely the appeal process and federal habeas corpus) but also organizes the ever-growing body of case law applying and construing the act.
You will benefit from this practical guide, including both answers to your questions and helpful tips for presenting your case.
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2024 updates include
- New case law
- A claim of judicial or prosecutorial vindictiveness implicates the legality of sentence imposed
- Use of hypothetical in context of explaining reasonable doubt and potential to understate burden of proof
- Inherent authority to correct patent sentencing errors and the time limits of the PCRA
- Significance of new DNA evidence
- Disapproval of prosecutor’s decision to agree to PCRA relief
- Failure to call eyewitness identification expert
- Raising ineffectiveness of PCRA counsel in Rule 1925(b) statement
Summary of Contents
- Introduction
- Custody
- Grounds for Seeking Post-Conviction Relief
- Previously Litigated Claims and Waiver
- Successive Petitions for Post-Conviction Relief
- Time for Filing Petition, Jurisdiction, and Procedure
- Standard of Review on Appeal
- Appendix A: Pennsylvania Post Conviction Relief Act
- Appendix B: Pennsylvania Rules of Criminal Procedure Governing Petitions for Post-Conviction Relief
- Appendix C: Summary of Statute, Rules, and Case Law Governing Capital and Non-Capital PCRA Cases
- Appendix D: Forms
- Appendix E: Table of Cases
- Appendix F: Index
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