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NICHOLAS CHANCEY v. COMMONWEALTH PENNSYLVANIA (06/01/84)

decided: June 1, 1984.

NICHOLAS CHANCEY, 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 Nicholas Chancey, Parole Number 7314-M, dated January 17, 1983.

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 Williams, Jr., Doyle and Barry, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 83 Pa. Commw. Page 43]

Nicholas Chancey (petitioner) petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board) dated February 28, 1983 denying him administrative relief from a Board recommitment order revoking his parole and recommitting him as a convicted and a technical parole violator to serve forty-two months on backtime.*fn1 Petitioner contends the Board violated his due process rights by failing to provide him timely parole revocation hearings and as a result of that failure he is entitled to have the direct and technical parole violations dismissed and his parole reinstated.

Petitioner was paroled by the Board effective August 7, 1980 on a sentence of two to ten years imposed by the Court of Common Pleas of Philadelphia County after petitioner violated probation received on a Burglary*fn2 conviction. Petitioner was arrested by Philadelphia Police on March 15, 1981 on new criminal charges*fn3 and subsequently released on bail. On April

[ 83 Pa. Commw. Page 442]

, 1981 petitioner was arrested in Bensalem, Bucks County, on other Philadelphia County criminal charges.*fn4 The Board lodged its detainer against petitioner on April 16, 1981 based on the new charges and technical parole violations.*fn5

A Preliminary and Detention Hearing was scheduled for April 28, 1981 at the Philadelphia House of Correction. Prior to that hearing, petitioner was hospitalized with a serious illness and the April 28, 1981 hearing was continued. Hearings were scheduled for May 5, 1981, May 20, 1981, June 23, 1981, and October 20, 1981. On each of these dates, continuance requests were made on petitioner's behalf by an attorney from the Defender Association of Philadelphia due to petitioner's hospitalization. A Preliminary and Detention hearing was held on November 6, 1981 at which petitioner was represented by an attorney from the Philadelphia Defender Association. While petitioner objected to the timeliness of the hearing, he did not voice any complaints as to the quality of legal representation he was afforded by the Philadelphia

[ 83 Pa. Commw. Page 45]

Defender Association. Petitioner also requested a full Board Violation Hearing at this time.

The Board scheduled a full Board Violation Hearing at the Philadelphia House of Correction for January 7, 1982. At that time, petitioner requested a continuance of the hearing until his pending criminal charges were disposed of to include post-trial motions and sentencing. The written continuance request was signed by the same attorney from the Philadelphia Defender Association who ...


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