(a) Further review.--No further review shall be available unless a petition is filed under Subchapter B (relating to post conviction relief) alleging that:
(1) 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 of the United States or laws of the United States or the Constitution of Pennsylvania or laws of this Commonwealth;
(2) the facts upon which the claim is predicated were unknown to the petitioner and could not have been ascertained in the exercise of due diligence; or
(3) 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.
(b) Exception petition.--Any petition invoking an exception provided in subsection (a) shall be filed within 60 days of the date the claim could have been presented.
Suspension by Court Order. Section 9578 was suspended August 11, 1997, S.Ct. Order.
Cross References. Section 9578 is referred to in section 9573 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 95 - Post-trial Matters
Section 9501 - Procedures, motions and other matters
Section 9521 - Defense-initiated victim or witness outreach
Section 9541 - Short title of subchapter
Section 9542 - Scope of subchapter
Section 9543 - Eligibility for relief
Section 9543.1 - Postconviction DNA testing
Section 9544 - Previous litigation and waiver
Section 9545 - Jurisdiction and proceedings
Section 9546 - Relief and order
Section 9547 - Amendment and withdrawal of petition (Repealed)
Section 9548 - Answer to petition (Repealed)
Section 9549 - Hearing on petition (Repealed)
Section 9550 - Order of court and final disposition of petition (Repealed)
Section 9551 - Pauper petitions (Repealed)
Section 9561 - Report by district attorney
Section 9570 - Short title of subchapter
Section 9571 - Scope of subchapter
Section 9572 - Representation of counsel
Section 9573 - Time for petition; contents of petition
Section 9574 - Answer to petition
Section 9575 - Disposition without evidentiary hearing
Section 9576 - Evidentiary hearing
Section 9577 - Disposition and appeal