Smith v. Commonwealth

Opinion by

Judge Palladino,

William Smith (Petitioner) appeals from an October 2, 1987 decision of the Pennsylvania Board of Probation and Parole (Board) denying his request for administrative relief from his recommitment as a technical parole violator (TPV). We affirm.

On September 10, 1987 the Board recommitted Petitioner as a TPV for violating condition 5C of his parole—assaultive behavior. Before this court, Petitioner contends the finding that he violated this condition is not supported by substantial evidence because it is based on a medical report, admitted over Petitioners counsels…