Pennsylvania Statutes Title 42 Pa.C.S.A. Judiciary and Judicial Procedure § 9544. Previous litigation and waiver

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

<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.