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NELSON v. BOARD OF PROB. AND PAROLE

No. 294 Misc. Dkt.

35 Pa.Commw. 23 (1978)

Nathaniel Nelson, Petitioner v. Commonwealth of Pennsylvania, Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

April 18, 1978.

Attorney(s) appearing for the Case

Joan Saltzman, Assistant Defender, with her John W. Packel, Assistant Defender, Chief, Appeals Division, and Benjamin Lerner, Defender, for petitioner.

Robert A. Greevy, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.

Submitted on briefs, January 27, 1978, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE DiSALLE, April 18, 1978:

This is a petition for review filed by Nathaniel Nelson (Nelson) requesting us to set aside the determination of the Pennsylvania Board of Probation and Parole (Board) recommitting him as a technical parole violator, and to release him from custody and restore him to parole on the street. By order dated October 27, 1977, we granted Nelson's motion for expedited review. The Board has raised preliminary objections in the nature...

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