The Post-Conviction Relief Act (42 Pa.C.S. §§ 9541–9546) allows Pennsylvania prisoners to challenge unlawful convictions and sentences through very specific legal avenues. Below are the major categories of relief, with case law and illustrative examples.
1. Ineffective Assistance of Counsel (IAC)
- Legal Standard: Under Strickland v. Washington, 466 U.S. 668 (1984), a petitioner must show (1) counsel’s performance was deficient, and (2) the deficiency prejudiced the defense. Pennsylvania applies this test in Commonwealth v. Pierce, 527 A.2d 973 (Pa. 1987).
- Examples of IAC Grounds:
- Failure to investigate or call critical witnesses (Commonwealth v. Johnson, 966 A.2d 523 (Pa. 2009)).
- Failure to challenge illegal search/seizure (Commonwealth v. Kauffman, 470 A.2d 634 (Pa. 1983)).
- Failure to file suppression motions or object to improper jury instructions.
- Poor plea advice leading to harsher outcomes (Lafler v. Cooper, 566 U.S. 156 (2012)).
- Illustration: A defendant convicted of armed robbery could file a PCRA if counsel never interviewed alibi witnesses who could have placed him elsewhere at the time of the crime.
2. Unlawfully Induced Plea
- Legal Principle: A plea must be knowing, voluntary, and intelligent (Boykin v. Alabama, 395 U.S. 238 (1969); Commonwealth v. Persinger, 615 A.2d 1305 (Pa. 1992)).
- Examples:
- Coercion or threats by counsel or prosecutor.
- Inadequate explanation of collateral consequences (e.g., deportation — see Padilla v. Kentucky, 559 U.S. 356 (2010)).
- Misrepresentation about possible sentencing outcomes.
- Illustration: A defendant pleads guilty to avoid a 20–40 year sentence, only to receive the maximum sentence promised against; such plea could be challenged.
3. Improper or Illegal Sentencing
- Legal Basis: Sentences must comply with statutory limits and constitutional protections.
- Key Cases:
- Commonwealth v. Foster, 17 A.3d 332 (Pa. 2011) – unconstitutional mandatory minimum sentences.
- Apprendi v. New Jersey, 530 U.S. 466 (2000) – any fact increasing sentence beyond statutory maximum must be found by jury.
- Miller v. Alabama, 567 U.S. 460 (2012) – juveniles cannot receive mandatory life without parole.
- Illustration: A PCRA can correct a sentence that exceeds statutory maximum, or a juvenile sentenced to life without parole.
4. Constitutional Violations
- Examples:
- Due process violations (Brady v. Maryland, 373 U.S. 83 (1963)).
- Confrontation Clause violations (Crawford v. Washington, 541 U.S. 36 (2004)).
- Denial of right to testify (Rock v. Arkansas, 483 U.S. 44 (1987)).
- Illustration: If the trial court barred cross-examination of a key witness, that could be raised under confrontation rights.
5. Newly Discovered Evidence
- Legal Standard: Evidence must (1) be discovered after trial, (2) not obtainable earlier through due diligence, (3) not merely cumulative, and (4) likely to result in a different outcome. See Commonwealth v. Cox, 146 A.3d 221 (Pa. 2016).
- Examples:
- Recantation of testimony (Commonwealth v. D’Amato, 856 A.2d 806 (Pa. 2004)).
- New DNA or forensic evidence proving innocence.
- Third-party confessions or new eyewitnesses.
- Illustration: A witness recants and admits police pressured him into testifying falsely; this could support PCRA relief.
6. Government Misconduct / Suppression of Evidence
- Brady Violations: Failure to disclose favorable evidence to the defense (Brady v. Maryland, 373 U.S. 83 (1963)).
- Examples in PA:
- Commonwealth v. Burke, 781 A.2d 1136 (Pa. 2001) – withheld impeachment evidence warranted relief.
- Kyles v. Whitley, 514 U.S. 419 (1995) – prosecution responsible for evidence held by police.
- Illustration: Police reports identifying another suspect withheld from the defense would form a strong PCRA claim.
7. Lack of Jurisdiction
- Principle: A judgment entered by a court without proper jurisdiction is void.
- Examples:
- Prosecution filed in the wrong county (Commonwealth v. Bethea, 828 A.2d 1066 (Pa. 2003)).
- Charging document fatally defective.
- Conviction obtained under a statute later deemed unconstitutional.(Lafler v. Cooper, 566 U.S. 156 (2012)).
- Illustration: A defendant convicted of armed robbery could file a PCRA if counsel never interviewed alibi witnesses who could have placed him elsewhere at the time of the crime.