Scope of subchapter. (a) Capital unitary review.-- This subchapter establishes the sole means of challenging proceedings that resulted
Pennsylvania Consolidated Statutes
Section: 9571
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 9571
§ 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 subchapter, a person sentenced to death shall be
immediately entitled to new counsel for purposes of collateral review. The collateral
proceeding shall occur in the trial court after the imposition of sentence and before
appeal. The petitioner may raise any claim that could not have been raised previously,
including claims of ineffective assistance of counsel. (c) Capital appeal.-- Direct appeal shall occur after the trial court has concluded collateral review. Claims
raised on direct appeal shall be limited to those claims that were preserved at trial
and that may be resolved on the basis of the record created up to and including sentencing.
Collateral appeal shall occur simultaneously with direct appeal. Claims raised on
collateral appeal shall be limited to claims that were preserved in the collateral
proceeding in the trial court and to any other claim that could not have been raised
previously, including claims of ineffective assistance of counsel on direct appeal. (d) Limitation on subsequent petitions.-- No further review shall be available except as provided in this subchapter. (e) Capital case in which death penalty not imposed.-- This subchapter does not apply to capital cases in which the death penalty was not
imposed. Suspension by Court Order. Section 9571 was suspended August 11, 1997, S.Ct. Order.
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