Davenport v. Pennsylvania Board of Probation & Parole

I respectfully dissent. I am perplexed by the majority decision not to grant the Public Defender’s (Counsel) request for leave to withdraw. I do not disagree with the majority opinion’s holding that Lucius Davenport (Davenport) can only be required to serve the balance of his unexpired term. That law is well settled. I am perplexed because as I read the Pennsylvania Board of Probation and Parole’s (Board) order, that’s what it has done.1

The critical facts are as follows: At the time of his most recent parole, Davenport had an unexpired term of 10 years, 1 month and 15 days. Because he was…