If a PCRA hearing is granted and a new trial is ordered, (IN PA) would i be able to file a motion to supress the evidence?

Asked almost 3 years ago - Murrysville, PA

Basically, i want to know what can be done after a PCRA petition is filed. This is strictly for Pennsylvania. Since our laws in PA suck!

Attorney answers (2)

  1. Jeffrey B. Engle

    Pro

    Contributor Level 13

    2

    Lawyers agree

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    Answered . If PCRA relief is granted and you are granted a new trial, then you may file a suppression motion. The PCRA process is difficult, however, and it's difficult to get relief. You would have to prove numerous factors are present. (see Blog article below which outlines PCRA).

    Good luck!

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  2. Shannon Katherine McDonald

    Contributor Level 13

    Answered . After the PRCA is filed the court will consider the facts and possibly have a hearing. If you win that (and, unfortunately for you, it is a big if) then you may get a new trial or another form of relief.

    If you get a new trial, you get a redo of the entire trial. That means you can file any trial motions, re-question and depose any witnesses, and hold the whole trial all over again. It is truly a second bite at the apple.

    Best of luck,

    Shannon K. McDonald

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