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ROBIN CARTER v. COMMONWEALTH PENNSYLVANIA (07/18/88)

decided: July 18, 1988.

ROBIN CARTER, 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 case of Robin Carter, Parole No. 5770M.

COUNSEL

Dwight-Jared Smith, Chief Deputy Public Defender, for petitioner.

Timothy P. Wile, Assistant Chief Counsel, with him, Robert A. Greevy, for respondent.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 117 Pa. Commw. Page 636]

Robin Carter (Petitioner) appeals from a decision of the Pennsylvania Board of Probation and Parole (Board) denying Petitioner's request for administrative relief. We affirm.

Petitioner was on parole when he was arrested April 12, 1987 in Bridgeton, New Jersey, on charges of burglary, criminal mischief, and possession of a hypodermic needle. On July 6, 1987, he was convicted and sentenced on a lesser charge of disorderly conduct in the Municipal Court of the City of Bridgeton.

Petitioner's parole agent charged Petitioner with the following parole violations: 1) failure to maintain regular

[ 117 Pa. Commw. Page 637]

    contact with parole staff; 2) failure to notify parole staff within 72 hours of an arrest and; 3) failure to comply with all Municipal, County, State and Federal criminal laws. A parole revocation hearing was held on August 4, 1987 at the State Correctional Institution at Graterford.

At the hearing, the Board received into evidence, over Petitioner's objection, the following documents: a copy of the signed commitment report from the Bridgeton Municipal Court dated July 6, 1987; a certified arrest report from the Bridgeton Police Department; a certified New Jersey Department of Corrections Report dated May 4, 1987 relating to Petitioner's transfer to Pennsylvania; and a special report from the New Jersey Parole Bureau dated April 21, 1987 relating to Petitioner's arrest on April 12, 1987. Based upon these documents and the testimony of the parole agent, the Board found that Petitioner violated all the conditions charged and recommitted Petitioner to serve 12 months backtime as a Technical Parole Violator.

Petitioner appeals only the Board's finding that he failed to comply with Municipal, County, State and Federal criminal law. He asserts that he was denied the opportunity to confront those who prepared documentation used to support this charge and that there is no good cause for this denial. He also avers that the documents constituted hearsay.*fn1

Our scope of review of a Board decision is limited to determining whether constitutional rights were violated, an error of law was committed or findings of fact are supported by substantial evidence. Stahl v. Pennsylvania Board of Probation ...


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