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DUNKLEBERGER v. BD. OF PROB. & PAROLE

132 Pa.Commw. 600 (1990)

573 A.2d 1173

Alan L. DUNKLEBERGER, Petitioner, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.

Commonwealth Court of Pennsylvania.

Decided April 23, 1990.

Attorney(s) appearing for the Case

Scott D. Moore, Asst. Public Defender, for petitioner.

Arthur R. Thomas, Asst. Chief Counsel, with him, Robert A. Greevy, Chief Counsel, for respondent.

Before CRAIG and DOYLE, JJ., and BARRY, Senior Judge.

CRAIG, Judge.

Alan Dunkleberger appeals an order of the Pennsylvania Board of Probation and Parole which denied his request for administrative relief from an order recommitting him as a technical parole violator for failing to refrain from "assaultive behavior," as required by condition 5c of his parole agreement and general parole conditions under 37 Pa.Code § 63.4(5)(iii). The pivotal issue here is whether a conditional threat of violence constitutes "assaultive...

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