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ELMER TAYLOR v. COMMONWEALTH PENNSYLVANIA (02/01/89)

decided: February 1, 1989.

ELMER TAYLOR, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



PETITION FOR REVIEW.

COUNSEL

David Crowley, Asst. Public Defender for Centre County, for petitioner.

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

Crumlish, Jr., President Judge, Colins, and Blatt, Senior Judge. Crumlish, Jr., President Judge, concurs in the result only. MacPhail, J., did not participate in the decision in this case.

Author: Colins

[ 130 Pa. Commw. Page 628]

Elmer Taylor (petitioner) appeals an order of the Pennsylvania Board of Probation and Parole (Board) which denied him administrative relief from a Board parole revocation order. We affirm.

Petitioner was initially convicted of second degree murder in the Allegheny County Court of Common Pleas and sentenced on November 20, 1975, to a period of 6 to 12 years. He was granted parole by the Board on July 8, 1979, and was released from confinement. Thereafter, on May 28, 1982, petitioner was convicted in the Allegheny County Court of Common Pleas for possession of a controlled substance with intent to deliver and sentenced to a term of 1 1/2 to 5 years at State Correctional Institution Rockview (SCI-Rockview). The Board, on August 24, 1982, recorded an order recommitting petitioner as a technical parole violator

[ 130 Pa. Commw. Page 629]

(TPV) and a convicted parole violator (CPV) to serve a total of 24 months on backtime.

Petitioner was reparoled by the Board on the murder sentence on March 7, 1984, and was paroled on the drug sentence on June 11, 1985. On October 14, 1986, petitioner was arrested by the Pittsburgh Police following a burglary at the Greater Pittsburgh Coliseum. Petitioner was confined in the Allegheny County jail in lieu of $50,000.00 bail. On July 17, 1987, petitioner pled guilty to burglary, criminal conspiracy, former convict not to own a firearm, firearm not to be carried without a license, prohibitive offensive weapon, and possession of an instrument of a crime. Petitioner was sentenced that same day to a total term of 3 1/2 to 7 years.

A parole revocation hearing was subsequently scheduled by the Board to be held at SCI-Rockview on October 21, 1987. However, on October 9, 1987, petitioner allegedly requested a continuance of that hearing from SCI-Rockview's institutional supervisor (IPS) Robert Ricketts so that petitioner could have more time to prepare for the hearing. According to a notation on the continuance request form (Board Form PBPP-29) made by IPS Ricketts, petitioner allegedly refused to sign the document. IPS Ricketts also noted the date and time on the form, as well as petitioner's comments concerning his reason for the continuance.

Petitioner orally informed IPS Ricketts on January 4, 1988, that he was prepared to proceed with the revocation hearing. Accordingly, on January 27, 1988, a panel revocation hearing was held at SCI-Rockview, before a panel of two Board members. At this hearing, petitioner objected to the timeliness of the revocation hearing. The Board overruled this objection, however, based upon the October 9, 1987, continuance request form. Petitioner, likewise, objected to this document and argued that it constituted hearsay; however, his objection was overruled. The Board subsequently recorded ...


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