HabeasCorpus
Are the jurisdictional time limits imposed by Pennsylvania's Post-Conviction Relief Act unconstitutional as applied to individuals with severe brain abnormalities and mental health issues?
Question Presented Individuals are guaranteed the right to effective counsel at trial. These rights mean nothing if attorneys are not held to task as to their stewardship of cases. In Pennsylvania, the first time individuals can challenge the effectiveness of their trial attorney is at the post-conviction stage. The Pennsylvania Post-Conviction Relief Act creates temporal and procedural requirements in order to obtain relief. The current requirements offer very little, if any, relief to individuals who fail to comply with deadlines due to their disabilities. Are the jurisdictional time limits imposed by Pennsylvania’s Post-Conviction Relief Act unconstitutional as applied to individuals with severe brain abnormalities and mental health issues? 1