2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 95 - Post-trial Matters
9578 - Subsequent petitions.

     § 9578.  Subsequent petitions.
        (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.

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