Pennsylvania Consolidated Statutes
42 Pa. Cons. Stat. § 6502 (2026)
Power to issue writ.
✓ current as of May 2026
Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.
Find cases:
SyfertCases citing this section
PA-LEGpalegis.us
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
§ 6502. Power to issue writ.
(a) General rule.--Any judge of a court of record may issue the writ of habeas corpus to inquire into the cause of detention of any person or for any other lawful purpose.
(b) Venue.--The venue of matters brought under this chapter shall be as prescribed by general rule.
Notes of Decisions
Cited in 38
cases (11 in the last 5 years), 1983–2025 · leading case: Commonwealth v. Isabell, 467 A.2d 1287 (Pa. 1983).
Commonwealth v. Isabell, 467 A.2d 1287 (Pa. 1983). “In the instant case, the judge who imposed the sentence, Judge Durham, has not had the opportunity to consider appellant's claim because it was raised for the first time on appeal. That judge *11 is best qualified to initially resolve any disputes regarding the interpretation of…”
Coady v. Vaughn, 770 A.2d 287 (Pa. 2001). “See 42 Pa.C.S. § 6502(a). Indeed, there was no issue in Rogers concerning the availability of state habeas corpus review.”
Commonwealth v. Carbo, 822 A.2d 60 (Pa. Super. Ct. 2003). “¶ 4 The March 1, 2001, order of Judge Rossanese from which the Commonwealth took the instant appeal, was not an order entered by an "issuing authority", but rather was an order entered by a commissioned judge of the Court of Common Pleas after a hearing on a writ of habeas…”
Brown v. Pennsylvania Dep't of Corr., 81 A.3d 814 (Pa. 2013). “42 Pa.C.S. § 6502. However, pursuant to Section 5103(a) of the Judicial Code, If an appeal or other matter is taken to or brought in a court or magisterial district of this Commonwealth which does not have jurisdiction of the appeal or other matter, the court or magisterial…”
Rivera v. Pennsylvania Dep't of Corr., 837 A.2d 525 (Pa. Super. Ct. 2003). “See 42 Pa.C.S. §§ 6502 (Power to issue writ); 6503 (Right to apply for writ).”
Commonwealth v. Wolfe, 605 A.2d 1271 (Pa. Super. Ct. 1992). “2d 110 (1971); see also 42 Pa.C.S. § 6502. Habeas corpus is a civil remedy, regardless of whether the prisoner has been detained under civil or criminal process.”
Gillespie v. DEPT. OF CORR., 527 A.2d 1061 (Pa. Commw. Ct. 1987). “Thus, since Gillespie is challenging neither the legality of his initial five to ten year sentence, the legality of his subsequent three to six month sentence, nor the fact that they are consecutive to each other, he has not made out a proper habeas corpus action.”
Commonwealth Ex Rel. Fortune v. Dragovich, 792 A.2d 1257 (Pa. Super. Ct. 2002). “See 42 Pa.C.S. §§ 6502 (Power to issue writ); 6503 (Right to apply for writ).”
Kester v. Pennsylvania Bd. of Prob. & Parole, 609 A.2d 622 (Pa. Commw. Ct. 1992). “1984) (ancillary jurisdiction is a tool by which a federal district court acquires jurisdiction of all facets of a case properly in a federal court because a portion of the issues presented confer federal jurisdiction).”
Georgevich v. Strauss, 772 F.2d 1078 (3rd Cir. 1985). “The writ of habeas corpus lies for any unlawful detention, 42 Pa. Cons.Stat.Ann. §§ 6502, *1093 6503 (Purdon 1982), except where relief is available under the PCHA.”
Brown v. Dep't of Corr., 601 A.2d 1345 (Pa. Commw. Ct. 1992). “42 Pa.C.S. § 6502; Pa.R.Crim.P. 1701(a). The record reveals that Lucas’ sentence was entered by the Court of Common Pleas of Lehigh County.”
Commonwealth v. Wyatt, 115 A.3d 876 (Pa. Super. Ct. 2015). “He filed an "Amended Petition for Writ of Habeas Corpus Pursuant to 42 Pa.C.S. § 6502, and Article I, § 14 of the Pennsylvania Constitution," which the clerk of quarter sessions received on December 10, 2010, and docketed on February 11, 2011.”
— 42 Pa. Cons. Stat. § 6502(2) — 1 case
Miller v. Wetzel (M.D. Penn. 2021).
— 42 Pa. Cons. Stat. § 6502(a) — 11 cases
Coady v. Vaughn, 770 A.2d 287 (Pa. 2001). “See 42 Pa.C.S. § 6502(a). Indeed, there was no issue in Rogers concerning the availability of state habeas corpus review.”
Commonwealth v. Isabell, 467 A.2d 1287 (Pa. 1983). “In the instant case, the judge who imposed the sentence, Judge Durham, has not had the opportunity to consider appellant's claim because it was raised for the first time on appeal. That judge *11 is best qualified to initially resolve any disputes regarding the interpretation of…”
Commonwealth v. Carbo, 822 A.2d 60 (Pa. Super. Ct. 2003). “¶ 4 The March 1, 2001, order of Judge Rossanese from which the Commonwealth took the instant appeal, was not an order entered by an "issuing authority", but rather was an order entered by a commissioned judge of the Court of Common Pleas after a hearing on a writ of habeas…”
Kester v. Pennsylvania Bd. of Prob. & Parole, 609 A.2d 622 (Pa. Commw. Ct. 1992). “1984) (ancillary jurisdiction is a tool by which a federal district court acquires jurisdiction of all facets of a case properly in a federal court because a portion of the issues presented confer federal jurisdiction).”
Commonwealth ex rel. Roth v. Kozakiewicz, 485 A.2d 843 (Pa. Commw. Ct. 1984).
— 42 Pa. Cons. Stat. § 6502(b) — 2 cases
A. Jacobs v. Superintendent M. Clark (SCI Albion) Sec'y of Corr. J.E. Wetzel (Pa. Commw. Ct. 2017).
Harvey, N. v. Bohenski, J. (Pa. Super. Ct. 2025).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.