Commonwealth v. Foster

CIRILLO, President Judge:

This is an appeal from the denial without hearing of a petition for relief under the Post Conviction Hearing Act (PCHA), 42 Pa.C.S. §§ 9541-9551 (repealed and replaced by the Post Conviction Relief Act, 42 Pa.C.S. §§ 9541-9546, effective April 13, 1988). The petition was denied as part of a “Finley disposition” in the hearing court upon court-appointed counsel’s request to withdraw from representation of the petitioner due to the frivolousness of his claims for relief. Thus the hearing court’s order was based upon its conclusion, after independent review of the…