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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 9548 (2026)

  Answer to petition (Repealed).

✓ current as of May 2026
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§ 9548.  Answer to petition (Repealed).

 

1988 Repeal.  Section 9548 was repealed April 13, 1988, P.L.336, No.47, effective immediately. Section 6 of Act 47 provided that the repeal of section 9548 shall apply to all actions for collateral relief, whether statutory or common law, instituted on or after the effective date of Act 47, irrespective of the date of conviction or sentence.

Notes of Decisions
Cited in 13 cases, 1995–2018 · leading case: Commonwealth v. Wholaver, E., Aplt., 177 A.3d 136 (Pa. 2018).
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Commonwealth v. Wholaver, E., Aplt., 177 A.3d 136 (Pa. 2018). “in order to be eligible for PCRA relief, a petitioner must prove by a preponderance of the evidence that his conviction or sentence resulted , from one or more of the enumerated circumstances found at 42 Pa. C.S. § 9548(a)(2) (delineating the eligibility requirements of the…”
Commonwealth v. Holmes, 79 A.3d 562 (Pa. 2013). “Under the PCRA, a petitioner is only eligible for postconviction relief if he is “currently serving a sentence of imprisonment, probation or parole for the crime.”
Commonwealth v. McGill, 832 A.2d 1014 (Pa. 2003). “42 Pa.C.S. § 9548(a)(2)(ii) limits ineffectiveness claims that may be raised pursuant to the PCRA to those that “so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place.”
Commonwealth v. Watkins, 108 A.3d 692 (Pa. 2014). “42 Pa.C.S. § 9548(a)(8). An issue has been previously litigated if “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.”
Commonwealth v. Morales, 701 A.2d 516 (Pa. 1997). “With respect to all of appellant’s claims which have not been previously litigated, appellant also must normally demonstrate that the claims have not been waived.”
Commonwealth v. Hawkins, 787 A.2d 292 (Pa. 2001). “These facts fulfill the requirements of 42 Pa.C.S. § 9548(a)(1)(ii)(requiring PCRA petitioner to demonstrate that he has been convicted of a crime and is awaiting execution of a sentence of death.”
Commonwealth v. Beasley, 678 A.2d 773 (Pa. 1996). “I do not believe that terminology *578 properly sets forth the standard for PCRA relief pursuant to 42 Pa.C.S. § 9548(a)(2)®.”
Commonwealth v. Buehl, 658 A.2d 771 (Pa. 1995). “I must take issue with the Majority’s interpretation and application of the language of the relevant section of the Post Conviction Relief Act, (“PCRA”), 42 Pa.C.S. § 9548(a)(2)(ii), which the Majority concludes imposes a higher burden for the defendant in a PCRA proceeding when…”
Commonwealth v. Markowitz, 32 A.3d 706 (Pa. Super. Ct. 2011). “See 42 Pa.C.S. § 9548(b). The PCRA court scheduled a hearing on the prejudice matter for December 9, 1997.”
Commonwealth v. Quaranibal, 763 A.2d 941 (Pa. Super. Ct. 2000). “42 Pa.C.S. § 9548; Commonwealth v. Carpenter, 555 Pa.”
Abdul-Salaam v. Beard, 16 F. Supp. 3d 420 (M.D. Penn. 2014). “2d at 560 (citing 42 Pa. Cons.Stat. § 9548(a)(3)). “Although the State is obliged to ‘prosecute with earnestness and vigor,’ it ‘is as much [its] duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring…”
Commonwealth v. Laszczynski, 715 A.2d 1185 (Pa. Super. Ct. 1998). “The applicable portion of 42 Pa.C.S. § 9548(a)(2) is contained in subsection (in), which pertains to guilty pleas.”
Show all 13 citing cases →
— 42 Pa. Cons. Stat. § 9548(a)(1)(ii) — 1 case
Commonwealth v. Hawkins, 787 A.2d 292 (Pa. 2001). “These facts fulfill the requirements of 42 Pa.C.S. § 9548(a)(1)(ii)(requiring PCRA petitioner to demonstrate that he has been convicted of a crime and is awaiting execution of a sentence of death.”
— 42 Pa. Cons. Stat. § 9548(a)(2) — 3 cases
Commonwealth v. Wholaver, E., Aplt., 177 A.3d 136 (Pa. 2018). “in order to be eligible for PCRA relief, a petitioner must prove by a preponderance of the evidence that his conviction or sentence resulted , from one or more of the enumerated circumstances found at 42 Pa. C.S. § 9548(a)(2) (delineating the eligibility requirements of the…”
Commonwealth v. Beasley, 678 A.2d 773 (Pa. 1996). “I do not believe that terminology *578 properly sets forth the standard for PCRA relief pursuant to 42 Pa.C.S. § 9548(a)(2)®.”
Commonwealth v. Laszczynski, 715 A.2d 1185 (Pa. Super. Ct. 1998). “The applicable portion of 42 Pa.C.S. § 9548(a)(2) is contained in subsection (in), which pertains to guilty pleas.”
— 42 Pa. Cons. Stat. § 9548(a)(2)(ii) — 2 cases
Commonwealth v. McGill, 832 A.2d 1014 (Pa. 2003). “42 Pa.C.S. § 9548(a)(2)(ii) limits ineffectiveness claims that may be raised pursuant to the PCRA to those that “so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place.”
Commonwealth v. Buehl, 658 A.2d 771 (Pa. 1995). “I must take issue with the Majority’s interpretation and application of the language of the relevant section of the Post Conviction Relief Act, (“PCRA”), 42 Pa.C.S. § 9548(a)(2)(ii), which the Majority concludes imposes a higher burden for the defendant in a PCRA proceeding when…”
— 42 Pa. Cons. Stat. § 9548(a)(3) — 2 cases
Abdul-Salaam v. Beard, 16 F. Supp. 3d 420 (M.D. Penn. 2014). “2d at 560 (citing 42 Pa. Cons.Stat. § 9548(a)(3)). “Although the State is obliged to ‘prosecute with earnestness and vigor,’ it ‘is as much [its] duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring…”
Robert E. Wenger, Jr. v. Frederick K. Frank Attorney Gen. of Pennsylvania, 266 F.3d 218 (2001).
— 42 Pa. Cons. Stat. § 9548(a)(3)(ii) — 1 case
Commonwealth v. Morales, 701 A.2d 516 (Pa. 1997). “With respect to all of appellant’s claims which have not been previously litigated, appellant also must normally demonstrate that the claims have not been waived.”
— 42 Pa. Cons. Stat. § 9548(a)(8) — 1 case
Commonwealth v. Watkins, 108 A.3d 692 (Pa. 2014). “42 Pa.C.S. § 9548(a)(8). An issue has been previously litigated if “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.”
— 42 Pa. Cons. Stat. § 9548(a)(l)(i) — 1 case
Commonwealth v. Holmes, 79 A.3d 562 (Pa. 2013). “Under the PCRA, a petitioner is only eligible for postconviction relief if he is “currently serving a sentence of imprisonment, probation or parole for the crime.”
— 42 Pa. Cons. Stat. § 9548(b) — 1 case
Commonwealth v. Markowitz, 32 A.3d 706 (Pa. Super. Ct. 2011). “See 42 Pa.C.S. § 9548(b). The PCRA court scheduled a hearing on the prejudice matter for December 9, 1997.”
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