Barnhouse v. Commonwealth, Pennsylvania Board of Probation & Parole

Opinion by

Judge Craig,

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 determine whether the board abused its discretion in refusing to grant parole because of petitioner’s failure to make restitution.

The petitioner pleaded…