BANKS v. BD. of PROBATION and PAROLE et al.

Original jurisdiction No. 461 C.D. 1971.

4 Pa.Commw. 197 (1971)

Banks v. Board of Probation and Parole, et al.

Commonwealth Court of Pennsylvania.

December 28, 1971.


Attorney(s) appearing for the Case

David C. Harrison, for plaintiff.

Salvatore Cucinotta, with him Leonard Packel, Deputy Attorney General, and J. Shane Creamer, Attorney General, for defendants.

Argued October 4, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.


OPINION BY JUDGE KRAMER, December 28, 1971:

This case is within the original jurisdiction of this Court and was instituted by the filing of a Complaint in Mandamus by Ellis Banks (Banks) against the Pennsylvania Board of Probation and Parole (Board) and Robert L. Johnson, Superintendent of the State Correctional Institution at Graterford, Pennsylvania.

Banks seeks an order of this Court to require the defendants to release him on parole based upon his allegations...

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