Barna v. Pennsylvania Board of Probation & Parole

DISSENTING OPINION BY

Judge PELLEGRINI.

Because it is undisputed that Zori V. Barna, Jr. (Petitioner) was recommitted as a convicted parole violator solely for the accidental and fortuitous reason that he was tried before a common pleas judge rather than a magisterial district judge, the Pennsylvania Board of Probation and Parole’s (Board) decision to recommit him as a convicted parole violator was a violation of Petitioner’s equal protection rights. For that reason, I respectfully dissent.

Petitioner was recommitted as a convicted parole violator on the basis that Judge William R. Carpenter of…