Hennessey v. Pennsylvania Board of Pardons

I respectfully dissent. Because I believe that Article IV, Section 9 of the Pennsylvania Constitution requires a public hearing on all applications for clemency, I would grant the motion for summary relief filed by Petitioner Joseph Hennessey and compel the Pennsylvania Board of Pardons (Pardons Board) to hold a public hearing1 on his application for commutation to life on parole.2

In reaching a contrary result, the Majority asserts that Article IV, Section 9 creates rights only in members of the public, not in prisoners (Majority Op. at 220), and that Hennessey has no other federal or state…