§ 9546. Relief and order.
(a) General rule.--If the court rules in favor of the petitioner, it shall order appropriate relief and
issue supplementary orders as to rearraignment, retrial, custody, bail, discharge,
correction of sentence or other matters that are necessary and proper.
(b) Grounds to be stated.--(Deleted by amendment).
(c) Status of order.--(Deleted by amendment).
(d) Review of order in death penalty cases.--An order under this subchapter granting the petitioner final relief in a case in which
the death penalty has been imposed shall be directly appealable by the Commonwealth
to the Supreme Court pursuant to its rules. An order under this subchapter denying
a petitioner final relief in a case in which the death penalty has been imposed shall
not be reviewable in the Superior Court but shall be reviewable only by petition for
allowance of appeal to the Supreme Court.
(Apr. 13, 1988, P.L.336, No.47, eff. imd.; Nov. 17, 1995, 1st Sp.Sess., P.L.1118,
No.32, eff. 60 days; June 25, 1997, P.L.324, No.33, eff. imd.)
1997 Amendment. Act 33 amended subsec. (d).
Suspension by Court Order. The 1995 and 1997 amendments to section 9546 were suspended August 11, 1997, S.Ct.
Order.
Cross References. Section 9546 is referred to in section 722 of this title.
Notes of Decisions
Commonwealth v. Brown (2018)
pa · cites it 3×
“" 42 Pa.C.S. § 9546(a). Accordingly, to be eligible for relief under the PCRA, Brown must plead and prove that his counsel provided ineffective assistance during the penalty phase of his trial, *145 and this Court must rule in his favor.”
Commonwealth v. Morris (2001)
pa · cites it 8×
“Rule 1702(b) provides for review before the filing of a petition for allowance of appeal or permission to appeal from an interlocutory order based upon the recognition that there may be a time lapse between the lower court's order granting or denying the stay and the filing of…”
Commonwealth v. Porter (2012)
pa · cites it 4×
“(4) Automatic review of sentences as provided by 42 Pa.C.S. §§ 9546(d) (relating to relief and order) and 9711(h) (relating to review of death sentence).”
Commonwealth v. Morales (1997)
pa · cites it 4×
“§§ 9541-9551, the denial of post-conviction relief in a death penalty case is directly reviewable by this Court pursuant to 42 Pa.C.S. § 9546(d). [3] Co-defendant Heriberto Pirela is appellant's brother.”
Commonwealth v. Chester (2006)
pa · cites it 2×
“NOTES [1] We directly review the denial of post-conviction relief in death penalty cases under 42 Pa.C.S. § 9546(d). Questions regarding the scope of the statutory exceptions to the PCRA's jurisdictional time-bar raise questions of law; accordingly, our standard of review is de…”
Commonwealth v. Hill (2011)
pa · cites it 2×
“This Court retains jurisdiction under 42 Pa.C.S. § 9546(d). Id. ("[T]he legislature did not require that the sentence of death be actually pending in order for this Court to have jurisdiction [under § 9546(d)].”
Commonwealth v. Chmiel, D., Aplt. (2017)
pa · cites it 2×
“Finally, the PCRA court held that Chmiel had failed to establish exceptional circumstances to warrant discovery pursuant to Rule 902(E)(1).”
Commonwealth v. Lesko (2011)
pa · cites it 2×
“S. §§ 9541-9546. In his protective cross-appeal, Lesko challenges the portions of the PCRA court's ruling which denied certain claims for relief.”
Commonwealth v. Sneed (2012)
pa · cites it 2×
“[8] Under 42 Pa.C.S. § 9546(d) and Pennsylvania Rule of Criminal Procedure 910, we conduct a direct review of the grant or denial of post-conviction relief in capital cases.”
Commonwealth v. Paddy (2011)
pa · cites it 2×
“[6] This filing comprised 104 pages and was entitled "Petitioner's Objection to 907 Notice to Dismiss, Amendment to PCRA Petition and Memorandum of Law Requesting Habeas Corpus Relief under Article I, Section 14 of the Pennsylvania Constitution and for Statutory Post-Conviction…”
— 42 Pa. Cons. Stat. § 9546(a) — 9 cases
Commonwealth v. Brown (2018)
pa
“" 42 Pa.C.S. § 9546(a). Accordingly, to be eligible for relief under the PCRA, Brown must plead and prove that his counsel provided ineffective assistance during the penalty phase of his trial, *145 and this Court must rule in his favor.”
— 42 Pa. Cons. Stat. § 9546(b) — 2 cases
— 42 Pa. Cons. Stat. § 9546(b)(2) — 1 case
— 42 Pa. Cons. Stat. § 9546(c) — 2 cases
— 42 Pa. Cons. Stat. § 9546(d) — 145 cases
Commonwealth v. Morris (2001)
pa
“Rule 1702(b) provides for review before the filing of a petition for allowance of appeal or permission to appeal from an interlocutory order based upon the recognition that there may be a time lapse between the lower court's order granting or denying the stay and the filing of…”
Commonwealth v. Porter (2012)
pa
“(4) Automatic review of sentences as provided by 42 Pa.C.S. §§ 9546(d) (relating to relief and order) and 9711(h) (relating to review of death sentence).”
Commonwealth v. Morales (1997)
pa
“§§ 9541-9551, the denial of post-conviction relief in a death penalty case is directly reviewable by this Court pursuant to 42 Pa.C.S. § 9546(d). [3] Co-defendant Heriberto Pirela is appellant's brother.”
Commonwealth v. Chester (2006)
pa
“NOTES [1] We directly review the denial of post-conviction relief in death penalty cases under 42 Pa.C.S. § 9546(d). Questions regarding the scope of the statutory exceptions to the PCRA's jurisdictional time-bar raise questions of law; accordingly, our standard of review is de…”
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