Commonwealth v. O'Brian

¶ 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 so, whether Appellant should prevail on the merits of his petition. We affirm.

¶ 2 On December 12, 1985, a jury convicted Appellant of rape, statutory rape,…