9544 - Previous litigation and waiver.

     § 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."