Pennsylvania § 9544 - Previous litigation and waiver.
Full text of Pennsylvania Pennsylvania Consolidated Statutes § 9544 — Previous litigation and waiver., with citation guidance and answers to common questions.
§ 9544. Previous litigation and waiver.
(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."
Source: official Pennsylvania text · Last verified 2026-08-27
Frequently Asked Questions About Pennsylvania § 9544
What does Pennsylvania Consolidated Statutes § 9544 cover?
Section 9544 ("Previous litigation and waiver.") is part of the Pennsylvania Consolidated Statutes, the codified statutory law of Pennsylvania. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Pennsylvania § 9544?
A common citation format is "Pennsylvania Consolidated Statutes § 9544" (Pennsylvania). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Pennsylvania law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Pennsylvania official source linked on this page or consult a licensed Pennsylvania attorney.
How does Pennsylvania § 9544 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Pennsylvania can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Pennsylvania.