Commonwealth v. Lesko

OPINION

Chief Justice CASTILLE.*

In these consolidated capital post-conviction cross-appeals, the Commonwealth challenges the August 7, 2006 order of the Westmoreland County Court of Common Pleas awarding John C. Lesko a new trial and penalty hearing under the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-9546. In his protective cross-appeal, Lesko challenges the portions of the PCRA court’s ruling which denied certain claims for relief. The appeals of the PCRA court’s order are directly reviewable by this Court pursuant to 42 Pa.C.S. § 9546(d). For the reasons that follow, we reverse…