Legal Opinion

Evans v. Pennsylvania Board of Probation & Parole

Commonwealth Court of Pennsylvania

Decided August 16, 2006No. 34 M.D. 2006Published

1Opinion of the Court

OPINION BY

Judge COHN JUBELIRER.

Before this Court are the preliminary objections in the nature of a demurrer filed by the Pennsylvania Board of Probation and Parole (Board) in response to a pro se petition for review in the nature of a complaint in mandamus filed by Warren Evans (Petitioner), in which he alleges that the Board violated the ex post facto clause of the United States Constitution1 and the Pennsylvania Constitution2 by retroactively relying on the 1996 Amendment to what is commonly known as the “Parole Act” to deny his parole.3 For the reasons that follow, we hereby sustain the…

2Cases cited8 opinions

  1. Bronson v. Commonwealth Board of Probation & ParoleSupreme Court of Pennsylvania · 1980
  2. Werner v. ZazycznySupreme Court of Pennsylvania · 1996
  3. Rogers v. Pennsylvania Board of Probation & ParoleSupreme Court of Pennsylvania · 1999
  4. Cimaszewski v. Bd. of Probation and ParoleSupreme Court of Pennsylvania · 2005
  5. Waters v. COM. DEPT. OF CORRECTIONSCommonwealth Court of Pennsylvania · 1986

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