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MALARIK v. BD. OF PROBATION AND PAROLE

No. 2588 C.D. 2010.

25 A.3d 468 (2011)

James M. MALARIK, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 18, 2011.

Attorney(s) appearing for the Case

L. Anthony Bompiani , Greensburg, for petitioner.

Arthur R. Thomas , Harrisburg, for respondent.

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

OPINION BY Judge BUTLER.

James M. Malarik (Malarik) petitions for review of the November 29, 2010 order of the Pennsylvania Board of Probation and Parole (Board) affirming the revocation of his parole. The issues before this Court are: (1) whether the Board's revocation of Malarik's parole for violation of condition 5(c) violated his constitutional right to free speech; and (2) whether the Board erred by finding that the handwriting...

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