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SMITH v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE

No. 507 C.D. 2013

81 A.3d 1091 (2013)

Ryan J. SMITH, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.

Commonwealth Court of Pennsylvania.

Decided December 17, 2013.

Attorney(s) appearing for the Case

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

Chad L. Allensworth , Assistant Counsel, Harrisburg, for respondent.

Before: COHN JUBELIRER, Judge, SIMPSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge COHN JUBELIRER.

Ryan J. Smith petitions for review of the March 11, 2013 Order of the Pennsylvania Board of Probation and Parole (Board) that dismissed Mr. Smith's Petition for Administrative Relief (Petition) as untimely pursuant to the regulation at 37 Pa. Code § 73.1 because it was filed more than thirty days after the Board's Decision and Order (Decision) recommitting Mr. Smith as a technical parole violator (TPV). On appeal, Mr. Smith argues...

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