§ 9543. Eligibility for relief.
(a) General rule.--To be eligible for relief under this subchapter, the petitioner must plead and prove
by a preponderance of the evidence all of the following:
(1) That the petitioner has been convicted of a crime under the laws of this Commonwealth
and is at the time relief is granted:
(i) currently serving a sentence of imprisonment, probation or parole for the crime;
(ii) awaiting execution of a sentence of death for the crime;
(iii) serving a sentence which must expire before the person may commence serving the disputed
sentence; or
(iv) has completed a sentence of imprisonment, probation or parole for the crime and is
seeking relief based upon DNA evidence obtained under section 9543.1(d) (relating
to postconviction DNA testing).
(2) That the conviction or sentence resulted from one or more of the following:
(i) A violation of the Constitution of this Commonwealth or the Constitution or laws of
the United States which, in the circumstances of the particular case, so undermined
the truth-determining process that no reliable adjudication of guilt or innocence
could have taken place.
(ii) Ineffective assistance of counsel which, in the circumstances of the particular case,
so undermined the truth-determining process that no reliable adjudication of guilt
or innocence could have taken place.
(iii) A plea of guilty unlawfully induced where the circumstances make it likely that the
inducement caused the petitioner to plead guilty and the petitioner is innocent.
(iv) The improper obstruction by government officials of the petitioner's right of appeal
where a meritorious appealable issue existed and was properly preserved in the trial
court.
(v) (Deleted by amendment).
(vi) The unavailability at the time of trial of exculpatory evidence that has subsequently
become available and would have changed the outcome of the trial if it had been introduced.
(vii) The imposition of a sentence greater than the lawful maximum.
(viii) A proceeding in a tribunal without jurisdiction.
(3) That the allegation of error has not been previously litigated or waived.
(4) That the failure to litigate the issue prior to or during trial, during unitary review
or on direct appeal could not have been the result of any rational, strategic or tactical
decision by counsel.
(b) Exception.--Even if the petitioner has met the requirements of subsection (a), the petition shall
be dismissed if it appears at any time that, because of delay in filing the petition,
the Commonwealth has been prejudiced either in its ability to respond to the petition
or in its ability to re-try the petitioner. A petition may be dismissed due to delay
in the filing by the petitioner only after a hearing upon a motion to dismiss. This
subsection does not apply if the petitioner shows that the petition is based on grounds
of which the petitioner could not have discovered by the exercise of reasonable diligence
before the delay became prejudicial to the Commonwealth.
(c) Extradition.--If the petitioner's conviction and sentence resulted from a trial conducted in his
absence and if the petitioner has fled to a foreign country that refuses to extradite
him because a trial in absentia was employed, the petitioner shall be entitled to
the grant of a new trial if the refusing country agrees by virtue of this provision
to return him and if the petitioner upon such return to this jurisdiction so requests.
This subsection shall apply, notwithstanding any other law or judgment to the contrary.
(Apr. 13, 1988, P.L.336, No.47, eff. imd.; Nov. 17, 1995, 1st Sp.Sess., P.L.1118,
No.32, eff. 60 days; June 25, 1997, P.L.324, No.33, eff. imd.; Jan. 27, 1998, P.L.20,
No.3, eff. imd.; Oct. 24, 2018, P.L.894, No.146, eff. 60 days)
2018 Amendment. Act 146 amended subsec. (a)(1).
1998 Amendment. Act 3 added subsec. (c). Section 3 of Act 3 provided that subsec. (c) shall apply
to all existing cases within its provisions.
Suspension by Court Order. Subsec. (a)(4) was suspended August 11, 1997, S.Ct. Order, insofar as it references
"unitary review."
Cross References. Section 9543 is referred to in section 9543.1 of this title.
Notes of Decisions
Cited in
2,006
cases (
525 in the last 5 years), 1983–2026 · leading case:
Commonwealth v. D'Amato, 856 A.2d 806 (Pa. 2004).
Commonwealth v. D'Amato, 856 A.2d 806 (Pa. 2004).
· cites it 20× “See 42 Pa.C.S. § 9543(a)(2)(h), (vi). Additionally, Appellant must show that the asserted error has not been previously litigated or waived.”
Commonwealth v. Smith, 17 A.3d 873 (Pa. 2011).
· cites it 22× “See 42 Pa.C.S. § 9543(a)(1) (conditioning PCRA relief on the petitioner currently serving a sentence of imprisonment, probation or parole for the crime).”
Commonwealth v. Bennett, 930 A.2d 1264 (Pa. 2007).
· cites it 12× “42 Pa.C.S. § 9543; Commonwealth v. Peterkin, 554 Pa.”
Commonwealth v. Tedford, 960 A.2d 1 (Pa. 2008).
· cites it 16× “(4) That the failure to litigate the issue prior to or during trial or on direct appeal could not have been the result of any rational, strategic or tactical decision by counsel.”
Commonwealth v. Albrecht, 720 A.2d 693 (Pa. 1998).
· cites it 20× “[3] To be eligible for post-conviction relief, an appellant must establish by a preponderance of the evidence that his conviction or sentence resulted from one or more of the errors or defects listed in 42 Pa.C.S. § 9543(a)(2), and that the issues he raises have not been…”
Commonwealth v. Spotz, 18 A.3d 244 (Pa. 2011).
· cites it 12× “These circumstances include a violation of the Pennsylvania or United States Constitution or ineffectiveness of counsel, either of which "so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place." 42 Pa.C.S.”
Commonwealth v. Jones, 912 A.2d 268 (Pa. 2006).
· cites it 14× “In order to be eligible for PCRA relief, a defendant must plead and prove by a preponderance of the evidence that his conviction or sentence arose from one or more of the errors listed at 42 Pa.C.S. § 9543(a)(2). [9] Further, these issues must be neither previously litigated nor…”
Commonwealth v. Chmiel, 30 A.3d 1111 (Pa. 2011).
· cites it 10× “We must remind Appellant, at this juncture, that an absence of a “downside” for counsel taking any particular action has never been recognized as a basis for obtaining PCRA relief under 42 Pa.C.S. § 9543(a). The ruling of the PCRA court on Issue 6 is supported by the record and…”
Commonwealth v. Ford, 809 A.2d 325 (Pa. 2002).
· cites it 20× “at 213 , citing 42 Pa.C.S. § 9543(a)(2)(h) (1988 version).”
Commonwealth, Aplt. v. Burton, S., 158 A.3d 618 (Pa. 2017).
· cites it 6× “at 1072 (citing 42 Pa.C.S. § 9543(a)(1)). Quoting at length from our decision in Commonwealth v.”
Commonwealth v. Williams, 782 A.2d 517 (Pa. 2001).
· cites it 12× “" 42 Pa.C.S. § 9543(A)(4). Along this vein, I note my disagreement with Mr.”
Commonwealth v. Washington, 927 A.2d 586 (Pa. 2007).
· cites it 9× “42 Pa.C.S. § 9543(a)(2). In addition, Appellant must prove the issues raised have not been previously litigated or waived, and that “the failure to litigate the issue prior to or during trial or on direct appeal could not have been the result of any rational strategic or…”
— 42 Pa. Cons. Stat. § 9543(1) — 3 cases
— 42 Pa. Cons. Stat. § 9543(1)(3) — 1 case
— 42 Pa. Cons. Stat. § 9543(1)(i) — 1 case
— 42 Pa. Cons. Stat. § 9543(2) — 9 cases
— 42 Pa. Cons. Stat. § 9543(2)(i) — 5 cases
— 42 Pa. Cons. Stat. § 9543(2)(ii) — 4 cases
— 42 Pa. Cons. Stat. § 9543(2)(iii) — 1 case
— 42 Pa. Cons. Stat. § 9543(2)(vii) — 3 cases
— 42 Pa. Cons. Stat. § 9543(2)(vn) — 1 case
— 42 Pa. Cons. Stat. § 9543(3) — 11 cases
— 42 Pa. Cons. Stat. § 9543(3)(vi) — 4 cases
— 42 Pa. Cons. Stat. § 9543(3)(xii) — 2 cases
— 42 Pa. Cons. Stat. § 9543(3)(xiii) — 2 cases
— 42 Pa. Cons. Stat. § 9543(4) — 7 cases
— 42 Pa. Cons. Stat. § 9543(A)(2) — 1 case
— 42 Pa. Cons. Stat. § 9543(A)(2)(vi) — 2 cases
— 42 Pa. Cons. Stat. § 9543(A)(4) — 1 case
Commonwealth v. Williams, 782 A.2d 517 (Pa. 2001).
“" 42 Pa.C.S. § 9543(A)(4). Along this vein, I note my disagreement with Mr.”
— 42 Pa. Cons. Stat. § 9543(a) — 124 cases
Commonwealth v. Williams, 782 A.2d 517 (Pa. 2001).
“" 42 Pa.C.S. § 9543(A)(4). Along this vein, I note my disagreement with Mr.”
— 42 Pa. Cons. Stat. § 9543(a)(1) — 61 cases
Commonwealth v. Smith, 17 A.3d 873 (Pa. 2011).
“See 42 Pa.C.S. § 9543(a)(1) (conditioning PCRA relief on the petitioner currently serving a sentence of imprisonment, probation or parole for the crime).”
— 42 Pa. Cons. Stat. § 9543(a)(1)(2)(3) — 1 case
— 42 Pa. Cons. Stat. § 9543(a)(1)(f) — 1 case
— 42 Pa. Cons. Stat. § 9543(a)(1)(i) — 171 cases
— 42 Pa. Cons. Stat. § 9543(a)(1)(ii) — 4 cases
— 42 Pa. Cons. Stat. § 9543(a)(1)(iii) — 2 cases
— 42 Pa. Cons. Stat. § 9543(a)(1)(iv) — 1 case
— 42 Pa. Cons. Stat. § 9543(a)(2) — 524 cases
Commonwealth v. Jones, 912 A.2d 268 (Pa. 2006).
“In order to be eligible for PCRA relief, a defendant must plead and prove by a preponderance of the evidence that his conviction or sentence arose from one or more of the errors listed at 42 Pa.C.S. § 9543(a)(2). [9] Further, these issues must be neither previously litigated nor…”
— 42 Pa. Cons. Stat. § 9543(a)(2)(1) — 2 cases
— 42 Pa. Cons. Stat. § 9543(a)(2)(3)(4) — 1 case
— 42 Pa. Cons. Stat. § 9543(a)(2)(B) — 1 case
— 42 Pa. Cons. Stat. § 9543(a)(2)(H) — 4 cases
Commonwealth v. Williams, 782 A.2d 517 (Pa. 2001).
“" 42 Pa.C.S. § 9543(A)(4). Along this vein, I note my disagreement with Mr.”
— 42 Pa. Cons. Stat. § 9543(a)(2)(I) — 2 cases
— 42 Pa. Cons. Stat. § 9543(a)(2)(Vii) — 1 case
— 42 Pa. Cons. Stat. § 9543(a)(2)(f) — 2 cases
— 42 Pa. Cons. Stat. § 9543(a)(2)(h) — 83 cases
Commonwealth v. Jones, 912 A.2d 268 (Pa. 2006).
“In order to be eligible for PCRA relief, a defendant must plead and prove by a preponderance of the evidence that his conviction or sentence arose from one or more of the errors listed at 42 Pa.C.S. § 9543(a)(2). [9] Further, these issues must be neither previously litigated nor…”
— 42 Pa. Cons. Stat. § 9543(a)(2)(i) — 148 cases
Commonwealth v. Spotz, 18 A.3d 244 (Pa. 2011).
“These circumstances include a violation of the Pennsylvania or United States Constitution or ineffectiveness of counsel, either of which "so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place." 42 Pa.C.S.”
Commonwealth v. Chmiel, 30 A.3d 1111 (Pa. 2011).
“We must remind Appellant, at this juncture, that an absence of a “downside” for counsel taking any particular action has never been recognized as a basis for obtaining PCRA relief under 42 Pa.C.S. § 9543(a). The ruling of the PCRA court on Issue 6 is supported by the record and…”
— 42 Pa. Cons. Stat. § 9543(a)(2)(i)(ii) — 1 case
— 42 Pa. Cons. Stat. § 9543(a)(2)(iH) — 1 case
— 42 Pa. Cons. Stat. § 9543(a)(2)(ii) — 428 cases
Commonwealth v. D'Amato, 856 A.2d 806 (Pa. 2004).
“See 42 Pa.C.S. § 9543(a)(2)(h), (vi). Additionally, Appellant must show that the asserted error has not been previously litigated or waived.”
— 42 Pa. Cons. Stat. § 9543(a)(2)(ii)(3) — 1 case
— 42 Pa. Cons. Stat. § 9543(a)(2)(iii) — 67 cases
— 42 Pa. Cons. Stat. § 9543(a)(2)(iv) — 7 cases
— 42 Pa. Cons. Stat. § 9543(a)(2)(v) — 11 cases
Commonwealth v. Tedford, 960 A.2d 1 (Pa. 2008).
“(4) That the failure to litigate the issue prior to or during trial or on direct appeal could not have been the result of any rational, strategic or tactical decision by counsel.”
— 42 Pa. Cons. Stat. § 9543(a)(2)(vi) — 165 cases
Commonwealth v. D'Amato, 856 A.2d 806 (Pa. 2004).
“See 42 Pa.C.S. § 9543(a)(2)(h), (vi). Additionally, Appellant must show that the asserted error has not been previously litigated or waived.”
Commonwealth v. Washington, 927 A.2d 586 (Pa. 2007).
“42 Pa.C.S. § 9543(a)(2). In addition, Appellant must prove the issues raised have not been previously litigated or waived, and that “the failure to litigate the issue prior to or during trial or on direct appeal could not have been the result of any rational strategic or…”
Commonwealth v. Tedford, 960 A.2d 1 (Pa. 2008).
“(4) That the failure to litigate the issue prior to or during trial or on direct appeal could not have been the result of any rational, strategic or tactical decision by counsel.”
— 42 Pa. Cons. Stat. § 9543(a)(2)(vii) — 79 cases
— 42 Pa. Cons. Stat. § 9543(a)(2)(viii) — 23 cases
— 42 Pa. Cons. Stat. § 9543(a)(2Xii) — 1 case
— 42 Pa. Cons. Stat. § 9543(a)(3) — 517 cases
Commonwealth v. Albrecht, 720 A.2d 693 (Pa. 1998).
“[3] To be eligible for post-conviction relief, an appellant must establish by a preponderance of the evidence that his conviction or sentence resulted from one or more of the errors or defects listed in 42 Pa.C.S. § 9543(a)(2), and that the issues he raises have not been…”
Commonwealth v. Spotz, 18 A.3d 244 (Pa. 2011).
“These circumstances include a violation of the Pennsylvania or United States Constitution or ineffectiveness of counsel, either of which "so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place." 42 Pa.C.S.”
Commonwealth v. Chmiel, 30 A.3d 1111 (Pa. 2011).
“We must remind Appellant, at this juncture, that an absence of a “downside” for counsel taking any particular action has never been recognized as a basis for obtaining PCRA relief under 42 Pa.C.S. § 9543(a). The ruling of the PCRA court on Issue 6 is supported by the record and…”
Commonwealth v. Ford, 809 A.2d 325 (Pa. 2002).
“at 213 , citing 42 Pa.C.S. § 9543(a)(2)(h) (1988 version).”
— 42 Pa. Cons. Stat. § 9543(a)(3)(h) — 14 cases
— 42 Pa. Cons. Stat. § 9543(a)(3)(i) — 1 case
— 42 Pa. Cons. Stat. § 9543(a)(3)(ii) — 16 cases
Commonwealth v. D'Amato, 856 A.2d 806 (Pa. 2004).
“See 42 Pa.C.S. § 9543(a)(2)(h), (vi). Additionally, Appellant must show that the asserted error has not been previously litigated or waived.”
Commonwealth v. Smith, 17 A.3d 873 (Pa. 2011).
“See 42 Pa.C.S. § 9543(a)(1) (conditioning PCRA relief on the petitioner currently serving a sentence of imprisonment, probation or parole for the crime).”
Commonwealth v. Albrecht, 720 A.2d 693 (Pa. 1998).
“[3] To be eligible for post-conviction relief, an appellant must establish by a preponderance of the evidence that his conviction or sentence resulted from one or more of the errors or defects listed in 42 Pa.C.S. § 9543(a)(2), and that the issues he raises have not been…”
— 42 Pa. Cons. Stat. § 9543(a)(3)(iii) — 11 cases
Commonwealth v. D'Amato, 856 A.2d 806 (Pa. 2004).
“See 42 Pa.C.S. § 9543(a)(2)(h), (vi). Additionally, Appellant must show that the asserted error has not been previously litigated or waived.”
Commonwealth v. Tedford, 960 A.2d 1 (Pa. 2008).
“(4) That the failure to litigate the issue prior to or during trial or on direct appeal could not have been the result of any rational, strategic or tactical decision by counsel.”
Commonwealth v. Williams, 782 A.2d 517 (Pa. 2001).
“" 42 Pa.C.S. § 9543(A)(4). Along this vein, I note my disagreement with Mr.”
— 42 Pa. Cons. Stat. § 9543(a)(4) — 18 cases
Commonwealth v. Ford, 809 A.2d 325 (Pa. 2002).
“at 213 , citing 42 Pa.C.S. § 9543(a)(2)(h) (1988 version).”
— 42 Pa. Cons. Stat. § 9543(a)(8) — 1 case
— 42 Pa. Cons. Stat. § 9543(a)(8)(i) — 1 case
— 42 Pa. Cons. Stat. § 9543(a)(i) — 4 cases
— 42 Pa. Cons. Stat. § 9543(a)(ii) — 4 cases
Commonwealth v. D'Amato, 856 A.2d 806 (Pa. 2004).
“See 42 Pa.C.S. § 9543(a)(2)(h), (vi). Additionally, Appellant must show that the asserted error has not been previously litigated or waived.”
— 42 Pa. Cons. Stat. § 9543(a)(iii) — 2 cases
— 42 Pa. Cons. Stat. § 9543(a)(in) — 1 case
— 42 Pa. Cons. Stat. § 9543(a)(l) — 6 cases
— 42 Pa. Cons. Stat. § 9543(a)(l)(2)(3) — 1 case
— 42 Pa. Cons. Stat. § 9543(a)(l)(i) — 12 cases
— 42 Pa. Cons. Stat. § 9543(a)(l)(ii) — 3 cases
— 42 Pa. Cons. Stat. § 9543(a)(l)(iii) — 1 case
— 42 Pa. Cons. Stat. § 9543(b) — 22 cases
Commonwealth v. Jones, 912 A.2d 268 (Pa. 2006).
“In order to be eligible for PCRA relief, a defendant must plead and prove by a preponderance of the evidence that his conviction or sentence arose from one or more of the errors listed at 42 Pa.C.S. § 9543(a)(2). [9] Further, these issues must be neither previously litigated nor…”
— 42 Pa. Cons. Stat. § 9543(b)(1) — 3 cases
— 42 Pa. Cons. Stat. § 9543(b)(1)(i) — 2 cases
— 42 Pa. Cons. Stat. § 9543(b)(1)(iii) — 1 case
— 42 Pa. Cons. Stat. § 9543(b)(2) — 2 cases
— 42 Pa. Cons. Stat. § 9543(b)(3) — 24 cases
— 42 Pa. Cons. Stat. § 9543(b)(i) — 1 case
— 42 Pa. Cons. Stat. § 9543(b)(iii) — 1 case
— 42 Pa. Cons. Stat. § 9543(b)(l)(i) — 1 case
— 42 Pa. Cons. Stat. § 9543(b)(vi) — 2 cases
— 42 Pa. Cons. Stat. § 9543(c) — 2 cases
— 42 Pa. Cons. Stat. § 9543(c)(3) — 1 case
— 42 Pa. Cons. Stat. § 9543(l)(i) — 1 case
— 42 Pa. Cons. Stat. § 9543(x)(2) — 1 case
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.