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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 9541 (2026)

 Short title of subchapter.

✓ current as of May 2026
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SUBCHAPTER B

POST CONVICTION RELIEF

 

 

Sec.

9541.  Short title of subchapter.

9542.  Scope of subchapter.

9543.  Eligibility for relief.

9543.1. Postconviction DNA testing.

9544.  Previous litigation and waiver.

9545.  Jurisdiction and proceedings.

9546.  Relief and order.

9547.  Amendment and withdrawal of petition (Repealed).

9548.  Answer to petition (Repealed).

9549.  Hearing on petition (Repealed).

9550.  Order of court and final disposition of petition (Repealed).

9551.  Pauper petitions (Repealed).

 

Enactment.  Subchapter B was added May 13, 1982, P.L.417, No.122, effective immediately.

Subchapter Heading.  The heading of Subchapter B was amended April 13, 1988, P.L.336, No.47, effective immediately.

Cross References.  Subchapter B is referred to in section 9578 of this title.

§ 9541.  Short title of subchapter.

This subchapter shall be known and may be cited as the Post Conviction Relief Act.

(Apr. 13, 1988, P.L.336, No.47, eff. imd.)

Notes of Decisions
Cited in 1,752 cases (396 in the last 5 years), 1982–2026 · leading case: Pace v. DiGuglielmo, 544 U.S. 408 (2005).
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Pace v. DiGuglielmo, 544 U.S. 408 (2005). · cites it 8× “In August 1986, he filed a petition under the Pennsylvania Post Conviction Hearing Act (PCHA), 42 Pa. Cons. Stat. § 9541 et seq. (1988) (amended and renamed by Act No.”
Commonwealth v. Bennett, 930 A.2d 1264 (Pa. 2007). · cites it 4× “Under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. § 9541 et seq., all petitions, including second or subsequent petitions, must be filed within one year of the date the judgment of sentence becomes final, unless one of the statutory exceptions applies.”
Pennsylvania v. Finley, 481 U.S. 551 (1987). · cites it 4× “See 42 Pa. Cons. Stat. § 9541 et seq. (1982).”
Commonwealth v. Collins, 888 A.2d 564 (Pa. 2005). · cites it 4× “Ronald Collins, Appellant herein, appeals from the order of the Court of Common Pleas of Philadelphia County denying his guilt phase claims under the Post-Conviction Relief Act (PCRA), 42 Pa.C.S. § 9541 et seq. The Commonwealth appeals from that same order, which granted…”
Commonwealth v. Santiago, 855 A.2d 682 (Pa. 2004). · cites it 4× “Salvador Carlos Santiago ("Appellant") appeals from the denial of his petition filed pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. § 9541 et seq. For the reasons that follow, we affirm.”
Commonwealth v. Brown, 196 A.3d 130 (Pa. 2018). · cites it 2× “Brown ("Brown") and the Commonwealth of Pennsylvania ("Commonwealth") challenge the order of the Court of Common Pleas of Philadelphia County *137 dismissing Brown's petition for relief filed pursuant to the Post Conviction Relief Act, 42 Pa.C.S. §§ 9541 - 9546 ("PCRA"). In this…”
Commonwealth v. Kimball, 724 A.2d 326 (Pa. 1999). · cites it 4× “CASTILLE, Justice, concurring: I agree with the majority that appellee failed to establish trial counsel's ineffectiveness pursuant to the standard set forth in Section 9543(a)(2)(ii) of the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. §§ 9541 et seq. However, I believe that…”
Commonwealth v. Grant, 813 A.2d 726 (Pa. 2002). · cites it 2× “42 Pa.C.S. § 9541, Historical and Statutory notes.”
Commonwealth v. Lambert, 797 A.2d 232 (Pa. 2001). · cites it 4× “In this appeal from the denial of appellant's petition under the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. § 9541 et seq., appellant alleges various claims of trial court error, prosecutorial misconduct, and ineffective assistance of counsel.”
Commonwealth, Aplt. v. Walker, T., 185 A.3d 969 (Pa. 2018). “In this regard, the Commonwealth notes that unlike with criminal defendants, who may obtain collateral appellate review pursuant to the Post Conviction Relief Act, 42 Pa.C.S. §§ 9541 - 9546, no such relief is available to the Commonwealth.”
Commonwealth v. Finley, 550 A.2d 213 (Pa. 1988). · cites it 2× “[3] 42 Pa.C.S. § 9541 et seq. [4] As made mention of by the Turner Court, the procedures referred to therein are to embrace all proceedings in which (appointed or privately-retained) counsel seeks to withdraw.”
Lackawanna Cnty. Dist. Attorney v. Coss, 532 U.S. 394 (2001). · cites it 2× “In June 1987, Coss filed a petition for relief from the 1986 convictions under the Pennsylvania Post Conviction Relief Act, 42 Pa. Cons. Stat. § 9541 et seq. (1998), alleging that his trial attorney had been constitutionally ineffective.”
Show all 1,752 citing cases →
— 42 Pa. Cons. Stat. § 9541(b) — 1 case
Com. v. Pollard, W., Sr. (Pa. Super. Ct. 2019).
— 42 Pa. Cons. Stat. § 9541(b)(1)(iii) — 1 case
Com. v. Crosland, C. (Pa. Super. Ct. 2017).
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