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JACOBS v. PA. BD. OF PROBATION AND PAROLE

No. 372 C.D. 2008.

958 A.2d 1110 (2008)

John Scott JACOBS, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.

Commonwealth Court of Pennsylvania.

Decided October 22, 2008.

Attorney(s) appearing for the Case

Harry J. Cancelmi, Jr., Waynesburg, for petitioner.

Arthur R. Thomas, Asst. Counsel and Victoria S. Madden, Chief Counsel, Harrisburg, for respondent.

BEFORE: McGINLEY, Judge, COHN JUBELIRER, Judge, and BUTLER, Judge.

OPINION BY Judge COHN JUBELIRER.

John Scott Jacobs (Jacobs) petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board), which affirmed his recommitment as a convicted parole violator. Jacobs asks this Court to determine whether the Board erred in concluding that he waived his challenge to the timeliness of his parole revocation hearing by failing to raise that issue during the hearing itself. For the reasons discussed herein, we vacate...

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