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Merriwether v. Pennsylvania Board of Probation & Parole
Citations: 693 A.2d 1000; 1997 Pa. Commw. LEXIS 198; 1997 WL 197452Docket: No. 2707 C.D. 1996
Court: Commonwealth Court of Pennsylvania; April 24, 1997; Pennsylvania; State Appellate Court
Anthony Merriwether appeals a decision by the Pennsylvania Board of Probation and Parole (Board) that denied his request for administrative relief regarding backtime and a review date. Merriwether was originally sentenced in 1987 and paroled in 1990, but was declared delinquent by the Board in 1995. After being arrested on new criminal charges in December 1995, the Board issued a detainer warrant. Following a violation hearing, he was recommitted as a technical parole violator to serve fifteen months of backtime for multiple violations, with a review date set for April 1997. The Board issued two decisions related to his recommitment: the first on June 11, 1996, detailing the violations and the imposed backtime, and the second on June 28, 1996, reaffirming the backtime and outlining institutional compliance requirements. Merriwether filed an appeal on July 18, 1996, seeking a reduction in backtime and an earlier review date, but did so beyond the thirty-day limit for the first decision. The Board denied his request, asserting its discretion in determining backtime. Merriwether argues that the Board should have imposed a six to nine-month recommitment instead of fifteen months, interpreting the regulations as establishing a presumptive range based on the violations. The Board, however, disputes this interpretation and contends that Merriwether's appeal was untimely. The court's review of the matter will focus on potential legal errors, the sufficiency of the evidence supporting the Board's findings, and any constitutional rights violations. The Board's June 11, 1996 decision imposed a fifteen-month recommitment on Merriwether, who had thirty days to challenge this decision. Merriwether did not file a petition until July 18, 1996, making his challenge to the June 11 decision untimely and divesting the Board of jurisdiction to consider it. Consequently, the Court rejected his appeal on procedural grounds without addressing the merits of the recommitment duration. Merriwether also argued that he might serve more than fifteen months due to a review date set for April 1997, which was determined in the Board's June 28, 1996 decision. This argument was timely, but the Court found it unpersuasive given the record indicating a maximum sentence date of June 14, 1998, and a lack of authority supporting Merriwether's claim for an earlier review date. As such, the Board's denial of administrative relief was affirmed. The Court's order, dated April 24, 1997, affirmed the Board's adjudication from September 12, 1996.