Post Conviction Developments in Pennsylvania

Abstract

The Post Conviction Relief Act (PCRA or Act) provides a procedure for defendants to collaterally challenge their conviction or sentence. It is the sole means of obtaining state collateral relief. The PCRA has been broadly interpreted as creating a unified statutory framework for reviewing claims that were traditionally cognizable in state habeas corpus. The Act permits defendants in custody to seek relief when the conviction or sentence results in one or more of the Act's enumerated errors or defects and when the claimed error has not been waived or previously litigated on direct appeal or in a previous PCRA petition. Subject to several narrow exceptions, a petition under the Act must be filed within one year of the date the defendant's judgment of sentence becomes final. This article reports on a number of recent decisions of the Pennsylvania Supreme and Superior Court construing provisions of the Act.