Legal Question in Criminal Law in Pennsylvania

Writ of Habeas Corpus filing error...

My father is in prison, he has filed a Habeas Corpus through his attorney. The Habeas Corpus was filed, but the judge said that it was defective as origionally filed, and the nature of the defect is that the petitions as filed does not contain the verifications and authorizations set forth in Pa.R.Crim.Proc.902.(A)(14)(1)(2) So my question is, what does that mean?


Asked on 6/21/06, 6:02 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Writ of Habeas Corpus filing error...

What your father filed was a PCRA petition.

A PCRA petition requires a verifiction by the defendant that the facts in the petition are true and correct to the best of his information and belief and that statements made therein are made subject to the penalties of the Crimes Code section relating to unsworn falsification to authorities.

It is also required to have a statement from the attorney that he is authorized by the defendant to file the petition on his behalf.

Apparently neither of those things were in what was filed.

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Answered on 6/21/06, 7:29 pm


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