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§ 9544. Previous litigation and waiver

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial Procedure

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VIII. Criminal Proceedings
Chapter 95. Post-Trial Matters
Subchapter B. Post Conviction Relief (Refs & Annos)
42 Pa.C.S.A. § 9544
§ 9544. Previous litigation and waiver
Currentness
(a) Previous litigation.--For purposes of this subchapter, an issue has been previously litigated if:
(1) Deleted.
(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.
<Subsec. (b) is permanently suspended insofar as it references “unitary review” by Pennsylvania Supreme Court Order of Aug. 11, 1997, imd. effective.>
(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.

Credits

1982, May 13, P.L. 417, No. 122, § 2, imd. effective. Amended 1988, April 13, P.L. 336, No. 47, § 3, imd. effective; 1995, Nov. 17, P.L. 1118, No. 32 (Spec. Sess. No. 1), § 1, effective in 60 days.
42 Pa.C.S.A. § 9544, PA ST 42 Pa.C.S.A. § 9544
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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