McCabe v. Pennsylvania Board of Probation & Parole

Although hearsay evidence may be admitted in probation and parole revocation hearings under certain circumstances, I do not believe that it was properly admitted here, and so I respectfully dissent.

In this case, the only evidence on the record to support a finding that Michael McCabe (McCabe) violated a technical parole condition and, thus, should be recommitted as a technical parole violator is the victim’s notarized affidavit,1 hearsay evidence which the hearing examiner admitted into the record over McCabe’s objection. The hearing examiner found that Dr. Tran’s letter regarding the…