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ROY A. BROWN v. COMMONWEALTH PENNSYLVANIA (10/31/80)

SUPREME COURT OF PENNSYLVANIA


decided: October 31, 1980.

ROY A. BROWN, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE

Appeal No. 210 March Term 1979, from Order and Opinion of the Commonwealth Court of Pennsylvania at No. 272 Miscellaneous Docket No. 2.

COUNSEL

Roy A. Brown, I. P. P., in pro. per.

Arthur R. Thomas, Asst. Atty. Gen., Bd. of Probation and Parole, Harrisburg, for appellee.

O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. Roberts, J., filed a dissenting opinion in which Nix, J., joins.

Author: Per Curiam

[ 491 Pa. Page 412]

ORDER

The order of the Commonwealth Court is affirmed.

ROBERTS, Justice, dissenting.

I dissent from the summary affirmance of an order of the Commonwealth Court denying pro se appellant Roy Brown's petition for review of a Board of Probation and Parole's recomputation of sentence. The matter should first be remanded for a determination of whether there has been an "intentional relinquishment or abandonment of a known right" to counsel. See Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461 (1938); Commonwealth v. Cooney, 439 Pa. 324, 266 A.2d 650 (1970) (record remanded for determination whether pro se PCHA appellant knowingly waived right to counsel); see also Bronson v. Pa. Board of Probation and Parole, 492 Pa. , 421 A.2d 1021 (1980) (indigent parole violator seeking review of Board determination entitled to counsel).

19801031

© 1998 VersusLaw Inc.



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