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PA Bulletin, Doc. No. 07-961

THE COURTS

Title 210--APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

[210 PA. CODE CHS. 9 AND 15]

Order Amending Pa.R.A.P. 901 and 1561; No. 181 Appellate Procedural Rules; Doc. No. 1

[37 Pa.B. 2492]
[Saturday, June 2, 2007]

Order

Per Curiam:

   And Now, this 15th day of May, 2007, upon the recommendation of the Appellate Court Procedural Rules Committee, this recommendation having been submitted without publication in the interest of justice, pursuant to Pa.R.J.A. 103(a)(3):

   It Is Ordered, pursuant to Article V, Section 10 of the Constitution of Pennsylvania, that Pennsylvania Rules of Appellate Procedure 901 and 1561 are amended in the following form.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall become effective immediately.

Annex A

TITLE 210.  APPELLATE PROCEDURE

PART I.  RULES OF APPELLATE PROCEDURE

ARTICLE II.  APPELLATE PROCEDURE

CHAPTER 9.  APPEALS FROM LOWER COURTS

Rule 901.  Scope of Chapter.

   This chapter applies to all appeals from a trial court to an appellate court except:

*      *      *      *      *

   (3)  An appeal which may be taken by petition for review pursuant to Rule 1762[(a)](b)(2) [(release prior to sentence)], which governs applications relating to bail when no appeal is pending.

*      *      *      *      *

CHAPTER 15.  JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS

PETITION FOR REVIEW

Rule 1561.  Disposition of Petition for Review.

*      *      *      *      *

   (d)  Review of detention.--Except as prescribed by Rule 1762[(a)](b)(2) [(release in criminal matters)], which governs applications relating to bail when no appeal is pending, or by Rule 3331 (review of special prosecutions or investigations), review in the nature of criminal habeas corpus or post conviction relief may not be granted under this chapter.

*      *      *      *      *

[Pa.B. Doc. No. 07-961. Filed for public inspection June 1, 2007, 9:00 a.m.]


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