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McCULLOUGH v. PA. BD. OF PRO. AND PAROLE

No. 393 Misc. Docket No. 3.

76 Pa.Commw. 479 (1983)

Howard McCullough, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

August 22, 1983.

Attorney(s) appearing for the Case

Lester G. Nauhaus, with him, John H. Corbett, Jr., for petitioner.

Robert A. Greevy, Chief Counsel, with him, Arthur R. Thomas, Assistant Chief Counsel, Jay C. Waldman, General Counsel, and LeRoy S. Zimmerman, Attorney General, for respondent.

Submitted on briefs to Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE CRAIG, August 22, 1983:

In this appeal from a decision of the Pennsylvania Board of Probation and Parole recommitting the petitioner as a technical parole violator, the question is whether the board's record must show that the petitioner's request for a postponement of his violation hearing was made in a knowing and intelligent manner.

On April 23, 1982, the petitioner, represented by counsel, requested that the violation hearing be continued...

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