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Philadelphia Bar Association

Topcap Invite

Date:
Wednesday, December 13, 2017

Time:
12:00 PM

Location:
Philadelphia Bar Association
11th Floor Conference Center
1101 Market Street
Philadelphia, PA 19107

3 SUB

Registration Info:
Lunch and registration begin at 11:30 AM

Program:
12:00 PM - 3:15 PM

CLICK HERE TO REGISTER FOR THIS CLE PROGRAM

Faculty:
Course Planner:

Professor Jules Epstein
Director of Advocacy Programs
Temple Beasley School of Law
Philadelphia

Featured Speakers:
Honorable Alice B. Dubow
Pennsylvania Superior Court
Philadelphia

Marissa Boyers Bluestine, Esq.
Legal Director
Pennsylvania Innocence Project
Philadelphia

Professor Jules Epstein
Director of Advocacy Programs
Temple Beasley School of Law
Philadelphia

Stuart B. Lev. Esq.
Capital Habeas Unit
Defender Association of Philadelphia

Susan M. Lin, Esq.
Kairys, Rudovsky, Messing & Feinberg LLP
Philadelphia

Natasha L. Lowe, Esq.
Supervisor, Post Trial/Appeals Unit
Office of Judicial Records
First Judicial District of Pennsylvania
Philadelphia

Keith Smith, Director
Criminal Listings Department, Trial Division-Criminal
First Judicial District

Laurie A. Williamson, Esq.
PCRA Unit
Office of the District Attorney
Philadelphia

TOMORROW - Nuts & Bolts of Pennsylvania's Post Conviction Relief Act (PCRA): Practice and Procedure in Philadelphia

CLE - Nuts & Bolts of PA's Post Conviction Relief Act (PCRA)

Representing individuals in Post Conviction Review in Philadelphia

Any experienced criminal law attorney knows there are different types of review possible following a conviction. Pennsylvania state law and federal laws both give a convicted defendant such options. One such method is to file a petition under the Post-Conviction Relief Act (PCRA).

The PCRA allows the person to have the case reconsidered when a direct appeal to the Superior Court has been denied. The Act applies to individuals who believe they were wrongfully convicted or that their sentence is unlawful. A person is eligible to file a PCRA petition if she/he has been convicted of a criminal offense and is on probation or parole, currently serving a prison sentence, or is subject to a death sentence.

To begin the process for post-conviction relief, sufficient information must be provided proving the following occurred in the criminal case:

  • A violation of the Constitution of Pennsylvania or of the United States, or of the laws of the United States, and the violation occurred under circumstances which no reliable verdict could have resulted.
  • There was ineffective assistance of counsel such that no reliable determination of truth could have taken place
  • A plea of guilty was gotten under circumstances which make it likely that the defendant was induced to falsely make the statement and the defendant is innocent
  • Government officials wrongly obstructed the defendant’s right to appeal where an issue for appeal was present and capable of being appealed
  • New evidence has come to light which would have changed the outcome of the trial
  • A sentence was imposed which was greater than the lawful maximum
  • The criminal court that entered the conviction did not have proper jurisdiction to do so.

This CLE certification program will provide criminal practitioners with the knowledge and guidance necessary to handle a PCRA case.

The program will address the following:
- Custody
- Grounds for Seeking Post Conviction Relief
- A step-by-step approach for investigating and preparing a case for PCRA when appointed or retained after a defendant has filed for relief pro se
- Previously Litigated Claims and Waiver
- Time for Filing Petition, Jurisdiction and Procedure
- Standard of Review on Appeal
- A review of SORNA

Our experienced panel will provide a step-by-step approach to handling a PCRA case with comprehensive materials which include sample pleadings for all stages.

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Best of 2017 CLE

Annual Meeting Luncheon Dec. 5

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