Legal Opinion
Smith v. Pennsylvania Board of Probation & Parole
Commonwealth Court of Pennsylvania
Decided February 23, 2016No. 1007 C.D. 2015PublishedCited by 12 opinions
1Opinion of the Court
OPINION BY.
Senior Judge DAN PELLEGRINI.
Derek Smith (Parolee) petitions for review of the decision of the Pennsylvania Board of Probation and Parole (Board) denying his request for administrative relief from the Board’s order recalculating his maximum sentence following his re-commitment as a convicted parole violator in which he sought credit for pre-sentence confinement under Sections 6138(a)(5) and (5.1) of the Prisons and Parole Code (Code), 61 Pa.C.S. §§ 6138(a)(5)-(5.1). 1 For the reasons that follow, we vacate and remand.
I
On November 4, 1998, Parolee was found guilty of robbery pursuant…
2Cases cited6 opinions
- Gaito v. Pennsylvania Board of Probation & ParoleSupreme Court of Pennsylvania · 1980
- Martin v. Pennsylvania Board of Probation & ParoleSupreme Court of Pennsylvania · 2003
- Moroz v. Pennsylvania Board of Probation & ParoleCommonwealth Court of Pennsylvania · 1995
- Mitchell v. CommonwealthCommonwealth Court of Pennsylvania · 1977
- Baasit v. Pennsylvania Board of Probation & ParoleCommonwealth Court of Pennsylvania · 2014
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Smith, D. v. PA Board of Probation & Parole, Aplt.Supreme Court of Pennsylvania · 2017
- Hammonds v. Pa. Bd. of Prob. & ParoleCommonwealth Court of Pennsylvania · 2016
- Stroud v. Pa. Bd. of Prob. & ParoleCommonwealth Court of Pennsylvania · 2018
- Banks v. Pennsylvania Board of Probation & ParoleCommonwealth Court of Pennsylvania · 2016
- Lawrence v. Pa. Bd. of Prob. & ParoleCommonwealth Court of Pennsylvania · 2016
7 more not listed; retrieve them via the Exa API.