A blog of the Philadelphia Bar Association’s Criminal Justice Section

Supreme Court PA

By Burt Rose

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In Commonwealth versus Reid, 2014WL4097636, August 20, 2014, the Supreme Court of Pennsylvania ruled in an appeal from the Court of Common Pleas of Philadelphia in a post conviction relief act matter. Justice Todd, writing for the court, held that claims presented in an amended or supplemental PCRA petition which had not received the approval of the lower court pursuant to rule 905A of the rules of criminal procedure will not be considered on appeal even if the PCRA judge addressed those issues on their merits.

Therefore, practitioners must be very careful to obtain leave of court when they file an amended PCRA petition or they will face a waiver of those claims on appeal.

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