Previous litigation and waiver.

PennsylvaniaStatutes

Ask Donna

How this section applies to your facts.

PA Code › Title 42 › Chapter 95 › Section 9544

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

(a) Previous litigation.--For purposes of this subchapter, an issue has been previously litigated if:

(1) (Deleted by amendment).

(2) the highest appellate court in which the petitioner could have had review as a matter of right has ruled on the merits of the issue; or

(3) it has been raised and decided in a proceeding collaterally attacking the conviction or sentence.

(b) Issues waived.--For purposes of this subchapter, an issue is waived if the petitioner could have raised it but failed to do so before trial, at trial, during unitary review, on appeal or in a prior state postconviction proceeding. (Apr. 13, 1988, P.L.336, No.47, eff. imd.; Nov. 17, 1995, 1st Sp.Sess., P.L.1118, No.32, eff. 60 days)

Suspension by Court Order. Subsec. (b) was suspended August 11, 1997, S.Ct. Order, insofar as it references "unitary review."

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.