CLARKE v. COM., PA. BD. OF PROB. & PAROLE


499 Pa. 191 (1982)

452 A.2d 1004

James CLARKE v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE. Petition of Lester G. NAUHAUS, Public Defender, and John H. Corbett, Jr.

Supreme Court of Pennsylvania.

Reargument Denied December 20, 1982.

Decided November 4, 1982.


Attorney(s) appearing for the Case

John H. Corbett, Jr., Public Defender, Pittsburgh, for petitioners.

Arthur R. Thomas, Asst. Chief Counsel, Robert A. Greevy, Chief Counsel, Pa. Board of Probation and Parole, Harrisburg, for respondents.

Thomas M. Place, Carlisle, for James Clarke.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.


ORDER

PER CURIAM:

Appeal dismissed as having been improvidently granted.

McDERMOTT, J., filed a dissenting opinion in which HUTCHINSON, J., joined.

McDERMOTT, Justice, dissenting.

The majority, by dismissing this appeal as improvidently granted, is avoiding a major issue which should be addressed by this Court, i.e., whether the constitutional rights to counsel and to judicial review attach to parole application proceedings. I, therefore...

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