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BLAIR v. COMMONWEALTH PENNSYLVANIA BD. OF PROBATION & PAROLE

No. 185 Miscellaneous Docket No. 2.

78 Pa.Commw. 41 (1983)

Joseph Blair, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

October 25, 1983.

Attorney(s) appearing for the Case

Timothy P. Wile, Assistant Public Defender, for petitioner.

Arthur R. Thomas, Assistant Chief Counsel, with him Robert A. Greevy, Chief Counsel, Jay C. Waldman, General Counsel, and LeRoy S. Zimmerman, Attorney General, for respondent.

Submitted on briefs to Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE ROGERS, October 25, 1983:

The issue in this case, as it has been from the beginning, is essentially one of fact — that of whether the petitioner, Joseph Blair, in February, 1978, while confined in the Philadelphia County Prison awaiting sentence after conviction of an offense committed while on parole, requested a continuance of his revocation hearing.

Blair had been convicted of the new offense on December 20, 1977; he was provided...

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