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COM. ex rel. CHOICE v. BD. OF P. and PAROLE et al.

Original jurisdiction, No. 97 C.D. 1971.

5 Pa.Commw. 49 (1972)

Commonwealth ex rel. Choice v. Board of Probation and Parole, et al.

Commonwealth Court of Pennsylvania.

March 16, 1972.

Attorney(s) appearing for the Case

Thomas J. Dempsey, Voluntary Defender, for petitioner. On the brief, John A. Miller and Buchanan, Ingersoll, Rodewald, Kyle & Buerger.

Salvatore Cucinotta, Deputy Attorney General, with him Leonard Packel, Deputy Attorney General, and J. Shane Creamer, Attorney General, for respondents.

Argued October 18, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and ROGERS.

PER CURIAM OPINION, March 16, 1972:

Petitioner, Mackey Raymond Choice, filed a "Petition for Writ of Habeas Corpus" requesting that the Pennsylvania Board of Probation and Parole credit him with time spent on parole against that portion of his original sentence remaining unserved upon his recommitment as a convicted parole violator and asserting that he was denied his fundamental right to due process of law by the Board's failure to conduct a fair and impartial hearing...

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