# 42 Pa.C.S. § 9544: Previous litigation and waiver

> Pennsylvania · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9544

## Section

- **Citation:** 42 Pa.C.S. § 9544
- **Heading:** Previous litigation and waiver
- **Jurisdiction:** Pennsylvania
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** PA Code / Title 42 / Chapter 95 / Section 9544

## 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."

## Nearby sections

- [42 Pa.C.S. § 9501 Procedures, motions and other matters.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9501.md)
- [42 Pa.C.S. § 9521 Defense-initiated victim or witness outreach.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9521.md)
- [42 Pa.C.S. § 9541 Short title of subchapter.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9541.md)
- [42 Pa.C.S. § 9542 Scope of subchapter.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9542.md)
- [42 Pa.C.S. § 9543 Eligibility for relief.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9543.md)
- [42 Pa.C.S. § 9543.1 Postconviction DNA testing.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9543.1.md)
- [42 Pa.C.S. § 9544 Previous litigation and waiver.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9544.md)
- [42 Pa.C.S. § 9545 Jurisdiction and proceedings.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9545.md)
- [42 Pa.C.S. § 9546 Relief and order.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9546.md)
- [42 Pa.C.S. § 9547 Amendment and withdrawal of petition (Repealed).](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9547.md)
- [42 Pa.C.S. § 9548 Answer to petition (Repealed).](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9548.md)
- [42 Pa.C.S. § 9549 Hearing on petition (Repealed).](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9549.md)
- [42 Pa.C.S. § 9550 Order of court and final disposition of petition (Repealed).](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9550.md)
- [42 Pa.C.S. § 9551 Pauper petitions (Repealed).](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9551.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C95_S9544. Check the current official text before relying on it. Not legal advice.