Commonwealth v. Wyatt

OPINION BY JENKINS, J.:

Appellant Kevin Wyatt appeals from the order of the Philadelphia County Court of Common Pleas treating his petition for writ of habeas corpus as a petition filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. § 9541 et seq., and dismissing it as untimely. Although we agree the trial court should not have treated the petition for writ of habeas corpus as a PCRA petition, we deny relief. The appropriate vehicle for Appellant’s claim is an original action filed in the Commonwealth Court of Pennsylvania, not a petition for writ of habeas corpus.

In a…