Larkin v. Pa. Bd. of Prob. & Parole

Opinion ry

Judge Smith,

Alfred Larkin (Petitioner) appeals from an order of the Pennsylvania Board of Probation and Parole (Board) dismissing his administrative appeal as untimely. Petitioner contends that he has been denied his right to effective assistance of counsel by virtue of the Board’s refusal to hear his request for administrative relief and that he should be permitted to appeal the Board’s order nunc pro tunc.

Petitioner, although diagnosed as suffering from preAIDS syndrome, admitted at his violation hearing that he had engaged in sexual relations with an adult partner while on…