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COMMONWEALTH EX REL. CHOICE v. BRIERLEY (03/20/73)

decided: March 20, 1973.

COMMONWEALTH EX REL. CHOICE, APPELLANT,
v.
BRIERLEY



Appeal from decree of Commonwealth Court, No. 97 C.D. 1971, in case of Commonwealth ex rel. Mackey Raymond Choice v. Joseph R. Brierley, Superintendent of State Correctional Institution at Pittsburgh, and Pennsylvania Board of Probation and Parole.

COUNSEL

John A. Miller, with him Buchanan, Ingersoll, Rodewald, Kyle and Buerger, for appellant.

Leonard Packel, Deputy Attorney General, with him Curtis M. Pontz, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellees.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Mr. Chief Justice Jones, Mr. Justice Eagen, Mr. Justice Pomeroy and Mr. Justice Manderino adhere to the views that they expressed in Com. ex rel. Rambeau v. Board of Probation and Parole, Author: Per Curiam

[ 451 Pa. Page 578]

Decree reversed and case remanded to the Pennsylvania Board of Probation and Parole for a counseled hearing on the revocation of parole. See Com. ex rel. Rambeau v. Board of Probation and Parole, 4 Pa. Commonwealth Ct. 152 (1972).

Disposition

Decree reversed and case remanded to the Pennsylvania Board of Probation and Parole for counseled hearing on revocation of parole.

19730320

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