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COM. v. O'BRIAN

811 A.2d 1068 (2002)

COMMONWEALTH OF PENNSYLVANIA, Appellee, v. John A. O'BRIAN, Appellant.

Superior Court of Pennsylvania.

Filed November 26, 2002.

Attorney(s) appearing for the Case

John A. O'Brian, appellant, pro se.

Robert S. Bell, Dist. Atty., Michael Handler, Asst. Dist. Atty., Indiana, for Commonwealth, appellee.

Before STEVENS, J., KLEIN, J., and CERCONE, P.J.E.

STEVENS, J.

¶ 1 John Alan O'Brian ("Appellant") appeals from the Court of Common Pleas of Indiana County's order denying his Petition for Writ of Habeas Corpus as an untimely petition under the Post Conviction Relief Act, 42 Pa.C.S.A. §§ 9541-9546 ("PCRA"). We are asked to determine whether the court improperly subsumed under the PCRA Appellant's habeas petition, which alleged that his parole denial violated the ex post facto clause, and, if...

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