Kester v. Pennsylvania Board of Probation & Parole

CRAIG, President Judge,

dissenting.

As the majority opinion states, the board’s preliminary objections contend that (1) this action is within this court’s appellate jurisdiction, and that (2) the board properly detained petitioner pending the disposition of new criminal charges.

1. Jurisdiction

Judicial Code section 768(a), 42 Pa.C.S. § 763(a), provides in relevant part as follows:

Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of government agencies in the following cases:(1) All appeals from Commonwealth agencies under Sub-chapter A of Chapter 7 of Title 2 ...…