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MCKENZIE v. PA BD. OF PROBATION AND PAROLE

No. 1053 C.D. 2008.

963 A.2d 616 (2009)

Lawrence McKENZIE, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 9, 2009.

Attorney(s) appearing for the Case

David Crowley, Chief Public Defender, Bellefonte, for petitioner.

Alan M. Robinson, Asst. Counsel and Victoria S. Madden, Chief Counsel, Harrisburg, for respondent.

BEFORE: McGINLEY, Judge, and SIMPSON, Judge, and KELLEY, Senior Judge.

OPINION BY Judge SIMPSON.

Lawrence McKenzie petitions for review of a decision of the Pennsylvania Board of Probation and Parole (Board) denying his administrative appeal of a Board order recommitting him as a technical parole violator to serve 15 months' backtime. On appeal, McKenzie asserts the Board violated his right to due process by failing to provide a final hearing prior to parole revocation and by utilizing improper procedures for obtaining waivers of hearings...

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