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GOODWINE v. PENNSYLVANIA BD. OF PROBATION

No. 2032 C.D. 2007

960 A.2d 184 (2008)

Ronald GOODWINE, Jr., Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.

Commonwealth Court of Pennsylvania.

Decided October 31, 2008.

Attorney(s) appearing for the Case

Scott B. Rudolf, Asst. Public Defender, Pittsburgh, for petitioner.

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

BEFORE: PELLEGRINI, Judge, and FRIEDMAN, Judge, and JOHNNY J. BUTLER, Judge.

OPINION BY Judge PELLEGRINI.

Ronald Goodwine, Jr. (Parolee) appeals an order of the Pennsylvania Board of Probation and Parole (Board) upholding the decision of the hearing examiner which recommitted him to the Department of Corrections (DOC) as a convicted parole violator rather than a technical parole violator. At issue is whether a judge sitting on a criminal matter and disposing of a summary offense may sit as a district justice without being so designated by...

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