Rule 1941. Review of Death Sentences.

 (a)  Procedure in trial court.—Upon the entry of a sentence subject to 42 Pa.C.S. §  9711(h) (review of death sentence) the court shall direct the official court reporter and the clerk to proceed under this chapter as if a notice of appeal had been filed 20 days after the date of entry of the sentence of death, and the clerk shall immediately give written notice of the entry of the sentence to the Administrative Office and to the Supreme Court Prothonotary’s Office. The clerk shall insert at the head of the list of documents required by Rule 1931(c) (duty of clerk to transmit the record) a statement to the effect that the papers are transmitted under this rule from a sentence of death.

 (b)  Filing and docketing in the Supreme Court.—Upon receipt by the Prothonotary of the Supreme Court of the record of a matter subject to this rule, the Prothonotary shall immediately:

   (1)  Enter the matter upon the docket as an appeal, with the defendant indicated as the appellant and the Commonwealth indicated as the appellee.

   (2)  File the record in the Supreme Court.

   (3)  Give written notice of the docket number assignment in person or by first class mail to the clerk of the lower court.

   (4)  Give notice to all parties and the Administrative Office of the docket number assignment and the date on which the record was filed in the Supreme Court, and shall give notice to all parties of the date, if any, specially fixed by the Prothonotary pursuant to Rule 2185(b) (notice of deferred briefing schedule) for the filing of the brief of the appellant.

 (c)  Further proceedings.—Except as required by Rule 2189 or by statute, a matter subject to this rule shall proceed after docketing in the same manner as other appeals in the Supreme Court.

   Official Note

   Formerly the act of February 15, 1870 (P. L. 15, No. 6) required the appellate court to review the sufficiency of the evidence in certain homicide cases regardless of the failure of the appellant to challenge the matter. See, e.g. Commonwealth v. Santiago, 476 Pa. 340, 382 A.2d 1200 (1978). Rule 302 (requisites for reviewable issue) now provides otherwise with respect to homicide cases generally. However, under Subdivision (c) of this rule the procedure for automatic review of capital cases provided by 42 Pa.C.S. §  9711(h) (review of death sentence) will permit an independent review of the sufficiency of the evidence in such cases.

   Although Rule 702(b) (matters tried with capital offenses) vests jurisdiction in the Supreme Court over appeals from sentences imposed on a defendant for lesser offenses as a result of the same criminal episode or transaction where the offense is tried with the capital offense, the appeal from the lesser offenses is not automatic. Thus the right to appeal the judgment of sentence on a lesser offense will be lost unless all requisite steps are taken, including preservation of issues (e.g. by filing post-trial motions), filing a timely notice of appeal, etc.

   ee Rule 2189 for procedure in cases involving the death penalty.

   The provisions of this Rule 1941 amended December 1, 1982, effective December 1, 1982, 12 Pa.B. 4332; amended March 22, 1989, effective immediately, 19 Pa.B. 1524. Immediately preceding text appears at serial pages (124466) to (124467).