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DAVID ROTHMAN v. FRED JACOBS (10/24/78)

decided: October 24, 1978.

DAVID ROTHMAN, PETITIONER
v.
FRED JACOBS, CHAIRMAN, ET AL. COMMONWEALTH OF PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENTS



Original jurisdiction in case of David Rothman v. Fred Jacobs, Chairman, et al.

COUNSEL

David Rothman, petitioner, for himself.

Robert A. Greevy, Assistant Attorney General, with him Gerald Gornish, Acting Attorney General, for respondents.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers, Blatt, DiSalle, Craig and MacPhail. Opinion by Judge Craig.

Author: Craig

[ 38 Pa. Commw. Page 260]

David Rothman, petitioner, has filed a petition for writ of mandamus, which we treat as a petition for review, alleging that certain of his constitutional rights have been violated, in that the Pennsylvania Board of Probation and Parole (Board), in recommitting him for parole violations, failed to hold the final parole revocation hearing within a reasonable time, and failed to hold any revocation hearing for petitioner on an outstanding technical parole violation warrant. In addition, petitioner claims that the board failed to meet the parole revocation notice requirements outlined in Morrissey v. Brewer, 408 U.S. 471 (1972).*fn1

This Court has ordered that the parties' cross-motions for summary judgment be submitted on briefs.

Petitioner was sentenced February 23, 1973, in Montgomery County, for forgery offenses, to a term of two and one-half to seven and one-half years and

[ 38 Pa. Commw. Page 261]

    paroled January 24, 1974. Petitioner, while on parole, was arrested November 5, 1976 by Philadelphia authorities on theft charges. The Board thereupon lodged a technical parole violation warrant as a detainer at the Philadelphia County Prison.

The Board held a preliminary detention hearing on that technical violation warrant on November 23, 1976. Pursuant to that hearing, the Board ordered that petitioner be detained pending disposition of criminal charges, and returned as a technical parole violator when available.

Petitioner was found guilty on January 13, 1977 of theft by deception and was sentenced on April 15, 1977 to a two year term of probation.

On July 15, 1977 the Board convened a full-board parole hearing. The Board's action, as recorded on July 20, 1977, was "recommit as a ...


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