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BARNHOUSE v. PA. BD. OF PROB. & PAROLE

No. 2951 C.D. 1984.

89 Pa.Commw. 512 (1985)

Ellis Barnhouse, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

May 24, 1985.

Attorney(s) appearing for the Case

A. Charles Peruto, with him, Burton A. Rose, Peruto, Ryan & Vitullo, for petitioner.

Robert A. Greevy, Chief Counsel, with him, Arthur R. Thomas, Assistant Chief Counsel, for respondent.

Submitted on briefs February 7, 1985, to Judges CRAIG and PALLADINO and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, May 24, 1985:

Ellis Barnhouse appeals from the denial of parole by the Pennsylvania Board of Probation and Parole.

We must determine whether the board's refusal to grant petitioner parole is unconstitutional because it amounts to coerced self-incrimination, where the parole board twice has considered and refused parole to the petitioner because of his lack of cooperation in disclosing additional industrial waste locations. We must also...

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