United States of America Ex Rel. Patrick J. Huffman v. The Commonwealth Court of Dauphin County, Pennsylvania

OPINION OF THE COURT

Petitioner in this application for ha-beas corpus seeks to challenge the constitutionality of 61 P.S. § 331.21a, which confers on the Board of Parole of the Commonwealth of Pennsylvania authority to recommit a convicted parole violator to serve the remainder of his sentence without credit for the time spent on parole. 1

The district court did not reach the merits of petitioner’s contentions. It held that petitioner had not exhausted state remedies since he had not filed a petition under the Pennsylvania Post Conviction Hearing Act, 19 P.S. § 1180-5, in the Office of the…