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DONALD CHAMPION v. COMMONWEALTH PENNSYLVANIA (12/22/78)

decided: December 22, 1978.

DONALD CHAMPION, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, BOARD OF PROBATION AND PAROLE, RESPONDENT



Original jurisdiction in case of Donald Champion v. Commonwealth of Pennsylvania, Board of Probation and Parole.

COUNSEL

Robert G. Kochems, for petitioner.

Robert A. Greevy, Assistant Attorney General, and Gerald Gornish, Acting Attorney General, for respondent.

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

Author: Macphail

[ 39 Pa. Commw. Page 401]

This matter is before us on a motion for summary judgment filed by the Board of Probation and Parole

[ 39 Pa. Commw. Page 402]

(Board). By previous order of this Court, the matter was submitted to us on briefs.

We perceive that the sole issue raised for our consideration here is the adequacy and accuracy of the notice to Donald Champion (Petitioner) of the basis for the charge of parole violation filed against the Petitioner.

In his petition to us, the Petitioner averred:

17. That being outside the jurisdiction of the State Board of Probation and Parole is the basis of the charge of the parole violation against the Petitioner and the reason for the revocation of his street time and reincarceration in the state penal system.

The Board filed an answer to that allegation as follows:

17. Denied that being outside the jurisdiction of the State Board of Probation and Parole is the basis of the charge of the parole violation against the Petitioner and the reason for the revocation of his ...


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