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JOSEPH BLAIR v. COMMONWEALTH PENNSYLVANIA (10/25/83)

decided: October 25, 1983.

JOSEPH BLAIR, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Appeal from the Order of the Pennsylvania Board of Probation and Parole in the case of Joseph Blair v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, dated February 27, 1979.

COUNSEL

Timothy P. Wile, Assistant Public Defender, for petitioner.

Arthur R. Thomas, Assistant Chief Counsel, with him Robert A. Greevy, Chief Counsel, Jay C. Waldman, General Counsel, and LeRoy S. Zimmerman, Attorney General, for respondent.

Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 78 Pa. Commw. Page 42]

The issue in this case, as it has been from the beginning, is essentially one of fact -- that of whether the petitioner, Joseph Blair, in February, 1978, while confined in the Philadelphia County Prison awaiting sentence after conviction of an offense committed while on parole, requested a continuance of his revocation hearing.

Blair had been convicted of the new offense on December 20, 1977; he was provided a full board revocation hearing on November 17, 1978. He has maintained that he never requested a continuance and that his hearing was not therefore held within a reasonable time fixed by regulation at 120 days, 37 Pa. Code ยง 71.4(2).*fn1

[ 78 Pa. Commw. Page 43]

When the matter was last before us, not being satisfied that there was record evidence for the board's assertion that Blair had requested a continuance, as the board has maintained but Blair denied, we remanded for a hearing and findings on this issue by our order dated January 26, 1983. The board thereafter conducted a further hearing and has made the following findings:

4. The conviction upon which the revocation hearing was based occurred on December 20, 1977.

5. On January 4, 1978, Mr. Blair requested a full Board hearing.

6. Institutional Parole Representative Andrew Shepta interviewed Mr. Blair on February 21, 1978 and notes were made ...


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