Padilla is not Retroactive in Pennsylvania

The Pennsylvania Superior Court decided Commonwealth v. Raul Maria Garcia, ___ A2d ____, 2011 PA Super 124, and held that the US Supreme Court’s Padilla decision was not retroactive for purposes of the “new constitutional right” exception to the Pennsylvania Post Conviction Relief Act’s normal time limit of one year after a judgment of sentence becomes final for filing a PCRA claim.

Leave us a reply