Pennsylvania’s appellate courts will only review issues that have been properly preserved for appeal. “Issues not raised in the lower court are waived and cannot be raises for the first time on appeal.” Pa.R.A.P. Rule 302(a). 

In general, an issue is only preserved for appeal when a proper objection is timely lodged pre-trial or on the record during trial. See Commonwealth v. Baumhammers, 960 A.2d 59, 73 (Pa. 2008).

The issue then must be properly framed in a post-sentence motion and in a concise statement of errors to be preserved for appellate review.

Some issues cannot be waived (legality of the sentence), while others must be specifically raised and/or made as a special request for appellate review (challenges to the discretionary aspects of a sentence). 

The rules concerning waiver are one of the primary reasons why post-conviction litigation should be pursued by a seasoned criminal defense lawyer with ample post-conviction experience.