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

96 Pa.Commw. 321 (1986)

507 A.2d 907

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

Commonwealth Court of Pennsylvania.

April 10, 1986.

Attorney(s) appearing for the Case

Charles A. Bierbach, for petitioner.

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

Submitted on briefs June 18, 1985, to Judges MacPHAIL, DOYLE and BARRY, sitting as a panel of three.

OPINION BY JUDGE BARRY, April 10, 1986:

Petitioner Howard Martin appeals an order of the Board of Probation and Parole revoking his parole for technical parole violations. He claims that the Board improperly ignored his acquittal in criminal court of these same charges, thus violating his constitutional right against double jeopardy. The petitioner contends further that the Board erred in finding him to have violated his parole agreement by missing several outpatient...

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