Knox v. Pennsylvania Board of Probation & Parole

CRUMLISH, Jr., Senior Judge,

concurring.

I concur in the result reached by the majority. However, I respectfully disagree with the application of the doctrine of res judicata in this case.

I cannot conclude, as does the majority, that the ultimate factual issue at Knox’s conviction revocation hearing, where the Board must show that the parolee was convicted in a court of record, Coleman v. Pennsylvania Board of Probation and Parole, 101 Pa.Commonwealth Ct. 144, 515 A.2d 1004 (1986) (emphasis added), is identical to the factual issue in a technical violation hearing, where the Board must…