Section 9544 - Previous litigation and waiver(a) Previous litigationFor purposes of this subchapter, an issue has been previously litigated if:(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. 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.