9543 - Eligibility for relief.

     § 9543.  Eligibility for relief.        (a)  General rule.--To be eligible for relief under this     subchapter, the petitioner must plead and prove by a     preponderance of the evidence all of the following:            (1)  That the petitioner has been convicted of a crime        under the laws of this Commonwealth and is at the time relief        is granted:                (i)  currently serving a sentence of imprisonment,            probation or parole for the crime;                (ii)  awaiting execution of a sentence of death for            the crime; or                (iii)  serving a sentence which must expire before            the person may commence serving the disputed sentence.            (2)  That the conviction or sentence resulted from one or        more of the following:                (i)  A violation of the Constitution of this            Commonwealth or the Constitution or laws of the United            States which, in the circumstances of the particular            case, so undermined the truth-determining process that no            reliable adjudication of guilt or innocence could have            taken place.                (ii)  Ineffective assistance of counsel which, in the            circumstances of the particular case, so undermined the            truth-determining process that no reliable adjudication            of guilt or innocence could have taken place.                (iii)  A plea of guilty unlawfully induced where the            circumstances make it likely that the inducement caused            the petitioner to plead guilty and the petitioner is            innocent.                (iv)  The improper obstruction by government            officials of the petitioner's right of appeal where a            meritorious appealable issue existed and was properly            preserved in the trial court.                (vi)  The unavailability at the time of trial of            exculpatory evidence that has subsequently become            available and would have changed the outcome of the trial            if it had been introduced.                (vii)  The imposition of a sentence greater than the            lawful maximum.                (viii)  A proceeding in a tribunal without            jurisdiction.            (3)  That the allegation of error has not been previously        litigated or waived.            (4)  That the failure to litigate the issue prior to or        during trial, during unitary review or on direct appeal could        not have been the result of any rational, strategic or        tactical decision by counsel.        (b)  Exception.--Even if the petitioner has met the     requirements of subsection (a), the petition shall be dismissed     if it appears at any time that, because of delay in filing the     petition, the Commonwealth has been prejudiced either in its     ability to respond to the petition or in its ability to re-try     the petitioner. A petition may be dismissed due to delay in the     filing by the petitioner only after a hearing upon a motion to     dismiss. This subsection does not apply if the petitioner shows     that the petition is based on grounds of which the petitioner     could not have discovered by the exercise of reasonable     diligence before the delay became prejudicial to the     Commonwealth.        (c)  Extradition.--If the petitioner's conviction and     sentence resulted from a trial conducted in his absence and if     the petitioner has fled to a foreign country that refuses to     extradite him because a trial in absentia was employed, the     petitioner shall be entitled to the grant of a new trial if the     refusing country agrees by virtue of this provision to return     him and if the petitioner upon such return to this jurisdiction     so requests. This subsection shall apply, notwithstanding any     other law or judgment to the contrary.     (Apr. 13, 1988, P.L.336, No.47, eff. imd.; Nov. 17, 1995, 1st     Sp.Sess., P.L.1118, No.32, eff. 60 days; June 25, 1997, P.L.324,     No.33, eff. imd.; Jan. 27, 1998, P.L.20, No.3, eff. imd.)        1998 Amendment.  Act 3 added subsec. (c). Section 3 of Act 3     provided that subsec. (c) shall apply to all existing cases     within its provisions.        1997 Amendment.  Act 33 amended subsec. (a)(1).        Suspension by Court Order.  Subsec. (a)(4) was suspended     August 11, 1997, S.Ct. Order, insofar as it references "unitary     review."        Cross References.  Section 9543 is referred to in section     9543.1 of this title.