Commonwealth v. Lusch

ORIE MELVIN, J.:

¶ 1 Appellant, Edward P. Lusch, seeks review of the Order entered October 5, 1999, which denied his petition for a writ of habeas corpus. He claims on appeal the trial court erred in treating this petition as a request for relief under the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. He further claims the trial court erred in finding the issues raised are either previously litigated or waived. Finally, he claims the PCRA court erred in denying his request for an evidentiary hearing on his original PCRA petition. Because we find this pleading should properly be…