§ 9545. Jurisdiction and proceedings.
(a) Original jurisdiction.--Original jurisdiction over a proceeding under this subchapter shall be in the court
of common pleas. No court shall have authority to entertain a request for any form
of relief in anticipation of the filing of a petition under this subchapter.
(b) Time for filing petition.--
(1) Any petition under this subchapter, including a second or subsequent petition, shall
be filed within one year of the date the judgment becomes final, unless the petition
alleges and the petitioner proves that:
(i) 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 or laws
of this Commonwealth or the Constitution or laws of the United States;
(ii) the facts upon which the claim is predicated were unknown to the petitioner and could
not have been ascertained by the exercise of due diligence; or
(iii) the right asserted is a constitutional right that was recognized by the Supreme Court
of the United States or the Supreme Court of Pennsylvania after the time period provided
in this section and has been held by that court to apply retroactively.
(2) Any petition invoking an exception provided in paragraph (1) shall be filed within
one year of the date the claim could have been presented.
(3) For purposes of this subchapter, a judgment becomes final at the conclusion of direct
review, including discretionary review in the Supreme Court of the United States and
the Supreme Court of Pennsylvania, or at the expiration of time for seeking the review.
(4) For purposes of this subchapter, "government officials" shall not include defense
counsel, whether appointed or retained.
(c) Stay of execution.--
(1) No court shall have the authority to issue a stay of execution in any case except
as allowed under this subchapter.
(2) Except for first petitions filed under this subchapter by defendants whose sentences
have been affirmed on direct appeal by the Supreme Court of Pennsylvania between January
1, 1994, and January 1, 1996, no stay may be issued unless a petition for postconviction
relief which meets all the requirements of this subchapter has been filed and is pending
and the petitioner makes a strong showing of likelihood of success on the merits.
(3) If a stay of execution is granted, all limitations periods set forth under sections
9574 (relating to answer to petition), 9575 (relating to disposition without evidentiary
hearing) and 9576 (relating to evidentiary hearing) shall apply to the litigation
of the petition.
(d) Evidentiary hearing.--
(1) The following apply:
(i) Where a petitioner requests an evidentiary hearing, the petition shall include a certification
signed by each intended witness stating the witness's name, address, date of birth
and substance of testimony and shall include any documents material to that witness's
testimony.
(ii) If a petitioner is unable to obtain the signature of a witness under subparagraph
(i), the petitioner shall include a certification, signed by the petitioner or counsel,
stating the witness's name, address, date of birth and substance of testimony. In
lieu of including the witness's name and address in the certification under this subparagraph,
counsel may provide the witness's name and address directly to the Commonwealth. The
certification under this subparagraph shall include any documents material to the
witness's testimony and specify the basis of the petitioner's information regarding
the witness and the petitioner's efforts to obtain the witness's signature. Nothing
in this subparagraph shall be construed to contravene any applicable attorney-client
privilege between the petitioner and postconviction counsel.
(iii) Failure to substantially comply with the requirements of this paragraph shall render
the proposed witness's testimony inadmissible.
(2) No discovery, at any stage of proceedings under this subchapter, shall be permitted
except upon leave of court with a showing of exceptional circumstances.
(3) When a claim for relief is based on an allegation of ineffective assistance of counsel
as a ground for relief, any privilege concerning counsel's representation as to that
issue shall be automatically terminated.
(Apr. 13, 1988, P.L.336, No.47, eff. imd.; Nov. 17, 1995, 1st Sp.Sess., P.L.1118,
No.32, eff. 60 days; Oct. 24, 2018, P.L.894, No.146, eff. 60 days)
2018 Amendment. Act 146 amended subsecs. (b)(2) and (d)(1). Section 3 of Act 146 provided that the
amendment of subsec. (b)(2) shall apply only to claims arising one year before the
effective date of section 3 or thereafter.
Suspension by Court Order. Subsecs. (c)(3) and (d)(2) were suspended August 11, 1997, S.Ct. Order.
Cross References. Section 9545 is referred to in section 9543.1 of this title.
Notes of Decisions
Commonwealth v. Bennett (2007)
pa · cites it 34×
“Under 42 Pa.C.S. § 9545, as amended in 1995, any PCRA petition, including a second or subsequent one, must be filed within one year of the date the judgment of sentence becomes final.”
Commonwealth, Aplt. v. Burton, S. (2017)
pa · cites it 20×
“7 Pursuant to 42 Pa.C.S. § 9545, as amended in 1995, any PCRA petition, including a second or subsequent one, must be filed within one year of the date the judgment of sentence becomes final.”
Commonwealth v. Haag (2002)
pa · cites it 34×
“Finally, and perhaps most importantly, the indeterminate stay requested by appellant and approved by the dissenting opinion is not authorized by the PCRA, which is the authority under which appellant seeks relief. In addition to the fact that the PCRA does not specifically…”
Commonwealth v. Lark (2000)
pa · cites it 30×
“Appellant fails to assert that either of these claims fall within any of the exceptions to the time bar under 42 Pa.C.S. § 9545(b). Thus, these claims are untimely.”
Commonwealth v. Mitchell, W., Aplt. (2016)
pa · cites it 16×
“See 42 Pa.C.S. § 9545(b)(1). For purposes of the PCRA, “a judgment becomes final at the conclusion of direct review, including discretionary review in the Supreme Court of the United States and the Supreme Court of Pennsylvania, or at the expiration of time for seeking the…”
Commonwealth v. Morris (2003)
pa · cites it 32×
“First, we explained that a claimant must demonstrate that his or her underlying petition is timely or, when untimely, that it falls within one of the exceptions to the time requirement pursuant to 42 Pa.C.S. § 9545(b)(1) and that it was filed "within 60 days of the date the…”
Commonwealth v. Hackett (2008)
pa · cites it 20×
“See 42 Pa.C.S. § 9545(b). I write separately only to address a concern with the PCRA court's approach to the Batson claim and the Atkins [3] claim, and to address a point made in Mr.”
Pace v. DiGuglielmo (2005)
scotus · cites it 10×
“On December 3, 1998, the state appellate court agreed, explaining that none of Pace's several claims fell within the three statutory exceptions to untimeliness contained in 42 Pa. Cons. Stat. § 9545 (b) (1998). The state appellate court's conclusion became final on July 29, 1999.”
Commonwealth v. Burton (2015)
pasuperct · cites it 19×
“2d at 1267 ; 42 Pa.C.S. § 9545(b)(1). There are three statutory exceptions: (b) Time for filing petition.”
— 42 Pa. Cons. Stat. § 9545(1) — 1 case
— 42 Pa. Cons. Stat. § 9545(B) — 1 case
— 42 Pa. Cons. Stat. § 9545(D)(1) — 1 case
— 42 Pa. Cons. Stat. § 9545(a) — 45 cases
— 42 Pa. Cons. Stat. § 9545(a)(1)(i) — 1 case
— 42 Pa. Cons. Stat. § 9545(a)(1)(ii) — 2 cases
— 42 Pa. Cons. Stat. § 9545(a)(2) — 1 case
— 42 Pa. Cons. Stat. § 9545(a)(2)(ii) — 3 cases
— 42 Pa. Cons. Stat. § 9545(a)(2)(vi) — 1 case
— 42 Pa. Cons. Stat. § 9545(a)(3) — 6 cases
— 42 Pa. Cons. Stat. § 9545(a)(8) — 1 case
— 42 Pa. Cons. Stat. § 9545(a)(b) — 1 case
— 42 Pa. Cons. Stat. § 9545(a)(b)(1)(3) — 1 case
— 42 Pa. Cons. Stat. § 9545(a)(b)(I)(iii) — 1 case
— 42 Pa. Cons. Stat. § 9545(b) — 605 cases
— 42 Pa. Cons. Stat. § 9545(b)(1) — 1774 cases
Commonwealth, Aplt. v. Burton, S. (2017)
pa
“7 Pursuant to 42 Pa.C.S. § 9545, as amended in 1995, any PCRA petition, including a second or subsequent one, must be filed within one year of the date the judgment of sentence becomes final.”
Commonwealth v. Burton (2015)
pasuperct
“2d at 1267 ; 42 Pa.C.S. § 9545(b)(1). There are three statutory exceptions: (b) Time for filing petition.”
— 42 Pa. Cons. Stat. § 9545(b)(1)(0) — 1 case
— 42 Pa. Cons. Stat. § 9545(b)(1)(1)(i) — 1 case
— 42 Pa. Cons. Stat. § 9545(b)(1)(2)(3) — 1 case
— 42 Pa. Cons. Stat. § 9545(b)(1)(2)(ii) — 1 case
— 42 Pa. Cons. Stat. § 9545(b)(1)(3) — 1 case
— 42 Pa. Cons. Stat. § 9545(b)(1)(H) — 2 cases
— 42 Pa. Cons. Stat. § 9545(b)(1)(f) — 4 cases
— 42 Pa. Cons. Stat. § 9545(b)(1)(h) — 41 cases
Commonwealth v. Bennett (2007)
pa
“Under 42 Pa.C.S. § 9545, as amended in 1995, any PCRA petition, including a second or subsequent one, must be filed within one year of the date the judgment of sentence becomes final.”
Commonwealth, Aplt. v. Burton, S. (2017)
pa
“7 Pursuant to 42 Pa.C.S. § 9545, as amended in 1995, any PCRA petition, including a second or subsequent one, must be filed within one year of the date the judgment of sentence becomes final.”
Commonwealth v. Haag (2002)
pa
“Finally, and perhaps most importantly, the indeterminate stay requested by appellant and approved by the dissenting opinion is not authorized by the PCRA, which is the authority under which appellant seeks relief. In addition to the fact that the PCRA does not specifically…”
— 42 Pa. Cons. Stat. § 9545(b)(1)(i) — 1324 cases
Commonwealth v. Burton (2015)
pasuperct
“2d at 1267 ; 42 Pa.C.S. § 9545(b)(1). There are three statutory exceptions: (b) Time for filing petition.”
— 42 Pa. Cons. Stat. § 9545(b)(1)(i)(ii) — 3 cases
— 42 Pa. Cons. Stat. § 9545(b)(1)(i)(iii) — 1 case
Commonwealth v. Hackett (2008)
pa
“See 42 Pa.C.S. § 9545(b). I write separately only to address a concern with the PCRA court's approach to the Batson claim and the Atkins [3] claim, and to address a point made in Mr.”
— 42 Pa. Cons. Stat. § 9545(b)(1)(ii) — 626 cases
Commonwealth v. Bennett (2007)
pa
“Under 42 Pa.C.S. § 9545, as amended in 1995, any PCRA petition, including a second or subsequent one, must be filed within one year of the date the judgment of sentence becomes final.”
Commonwealth v. Mitchell, W., Aplt. (2016)
pa
“See 42 Pa.C.S. § 9545(b)(1). For purposes of the PCRA, “a judgment becomes final at the conclusion of direct review, including discretionary review in the Supreme Court of the United States and the Supreme Court of Pennsylvania, or at the expiration of time for seeking the…”
Commonwealth, Aplt. v. Burton, S. (2017)
pa
“7 Pursuant to 42 Pa.C.S. § 9545, as amended in 1995, any PCRA petition, including a second or subsequent one, must be filed within one year of the date the judgment of sentence becomes final.”
Commonwealth v. Hackett (2008)
pa
“See 42 Pa.C.S. § 9545(b). I write separately only to address a concern with the PCRA court's approach to the Batson claim and the Atkins [3] claim, and to address a point made in Mr.”
— 42 Pa. Cons. Stat. § 9545(b)(1)(ii)(iii) — 1 case
— 42 Pa. Cons. Stat. § 9545(b)(1)(iii) — 364 cases
— 42 Pa. Cons. Stat. § 9545(b)(2) — 1296 cases
Commonwealth v. Bennett (2007)
pa
“Under 42 Pa.C.S. § 9545, as amended in 1995, any PCRA petition, including a second or subsequent one, must be filed within one year of the date the judgment of sentence becomes final.”
Commonwealth v. Haag (2002)
pa
“Finally, and perhaps most importantly, the indeterminate stay requested by appellant and approved by the dissenting opinion is not authorized by the PCRA, which is the authority under which appellant seeks relief. In addition to the fact that the PCRA does not specifically…”
Commonwealth v. Lark (2000)
pa
“Appellant fails to assert that either of these claims fall within any of the exceptions to the time bar under 42 Pa.C.S. § 9545(b). Thus, these claims are untimely.”
— 42 Pa. Cons. Stat. § 9545(b)(2)(ii) — 7 cases
— 42 Pa. Cons. Stat. § 9545(b)(3) — 1380 cases
Commonwealth v. Mitchell, W., Aplt. (2016)
pa
“See 42 Pa.C.S. § 9545(b)(1). For purposes of the PCRA, “a judgment becomes final at the conclusion of direct review, including discretionary review in the Supreme Court of the United States and the Supreme Court of Pennsylvania, or at the expiration of time for seeking the…”
Commonwealth v. Bennett (2007)
pa
“Under 42 Pa.C.S. § 9545, as amended in 1995, any PCRA petition, including a second or subsequent one, must be filed within one year of the date the judgment of sentence becomes final.”
— 42 Pa. Cons. Stat. § 9545(b)(4) — 34 cases
— 42 Pa. Cons. Stat. § 9545(b)(8) — 1 case
— 42 Pa. Cons. Stat. § 9545(b)(I) — 3 cases
— 42 Pa. Cons. Stat. § 9545(b)(I)(2) — 1 case
— 42 Pa. Cons. Stat. § 9545(b)(I)(i) — 1 case
— 42 Pa. Cons. Stat. § 9545(b)(I)(ii) — 1 case
— 42 Pa. Cons. Stat. § 9545(b)(J) — 1 case
— 42 Pa. Cons. Stat. § 9545(b)(b)(1) — 1 case
— 42 Pa. Cons. Stat. § 9545(b)(i) — 17 cases
Commonwealth v. Bennett (2007)
pa
“Under 42 Pa.C.S. § 9545, as amended in 1995, any PCRA petition, including a second or subsequent one, must be filed within one year of the date the judgment of sentence becomes final.”
— 42 Pa. Cons. Stat. § 9545(b)(i)(ii) — 1 case
— 42 Pa. Cons. Stat. § 9545(b)(ii) — 19 cases
— 42 Pa. Cons. Stat. § 9545(b)(iii) — 13 cases
— 42 Pa. Cons. Stat. § 9545(b)(l) — 34 cases
— 42 Pa. Cons. Stat. § 9545(b)(l)(3) — 1 case
— 42 Pa. Cons. Stat. § 9545(b)(l)(h) — 1 case
Commonwealth, Aplt. v. Burton, S. (2017)
pa
“7 Pursuant to 42 Pa.C.S. § 9545, as amended in 1995, any PCRA petition, including a second or subsequent one, must be filed within one year of the date the judgment of sentence becomes final.”
— 42 Pa. Cons. Stat. § 9545(b)(l)(i) — 44 cases
Commonwealth v. Lark (2000)
pa
“Appellant fails to assert that either of these claims fall within any of the exceptions to the time bar under 42 Pa.C.S. § 9545(b). Thus, these claims are untimely.”
— 42 Pa. Cons. Stat. § 9545(b)(l)(i)(ii) — 2 cases
— 42 Pa. Cons. Stat. § 9545(b)(l)(ii) — 31 cases
Commonwealth, Aplt. v. Burton, S. (2017)
pa
“7 Pursuant to 42 Pa.C.S. § 9545, as amended in 1995, any PCRA petition, including a second or subsequent one, must be filed within one year of the date the judgment of sentence becomes final.”
Commonwealth v. Bennett (2007)
pa
“Under 42 Pa.C.S. § 9545, as amended in 1995, any PCRA petition, including a second or subsequent one, must be filed within one year of the date the judgment of sentence becomes final.”
Commonwealth v. Lark (2000)
pa
“Appellant fails to assert that either of these claims fall within any of the exceptions to the time bar under 42 Pa.C.S. § 9545(b). Thus, these claims are untimely.”
— 42 Pa. Cons. Stat. § 9545(b)(l)(iii) — 34 cases
— 42 Pa. Cons. Stat. § 9545(bXl) — 1 case
— 42 Pa. Cons. Stat. § 9545(c) — 15 cases
Commonwealth v. Morris (2003)
pa
“First, we explained that a claimant must demonstrate that his or her underlying petition is timely or, when untimely, that it falls within one of the exceptions to the time requirement pursuant to 42 Pa.C.S. § 9545(b)(1) and that it was filed "within 60 days of the date the…”
— 42 Pa. Cons. Stat. § 9545(c)(1) — 4 cases
— 42 Pa. Cons. Stat. § 9545(c)(2) — 4 cases
Commonwealth v. Morris (2003)
pa
“First, we explained that a claimant must demonstrate that his or her underlying petition is timely or, when untimely, that it falls within one of the exceptions to the time requirement pursuant to 42 Pa.C.S. § 9545(b)(1) and that it was filed "within 60 days of the date the…”
— 42 Pa. Cons. Stat. § 9545(c)(l) — 1 case
— 42 Pa. Cons. Stat. § 9545(d) — 13 cases
Commonwealth v. Haag (2002)
pa
“Finally, and perhaps most importantly, the indeterminate stay requested by appellant and approved by the dissenting opinion is not authorized by the PCRA, which is the authority under which appellant seeks relief. In addition to the fact that the PCRA does not specifically…”
— 42 Pa. Cons. Stat. § 9545(d)(1) — 49 cases
— 42 Pa. Cons. Stat. § 9545(d)(1)(i) — 10 cases
— 42 Pa. Cons. Stat. § 9545(d)(1)(ii) — 5 cases
— 42 Pa. Cons. Stat. § 9545(d)(1)(iii) — 1 case
— 42 Pa. Cons. Stat. § 9545(d)(2) — 9 cases
— 42 Pa. Cons. Stat. § 9545(d)(3) — 7 cases
— 42 Pa. Cons. Stat. § 9545(d)(i)(ii)(iii) — 1 case
— 42 Pa. Cons. Stat. § 9545(d)(l) — 6 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.