Opinion

Forbes v. Pennsylvania Department of Corrections

  • 596 Pa. 492
  • 946 A.2d 103
  • 2008 Pa. LEXIS 574
Court
Supreme Court of Pennsylvania
Filed
Apr 30, 2008
Status
Published
Cited by
3 cases
Authority
More cited than 55.6%

denying inmate’s application for summary relief, sustaining the Department’s preliminary objections and dismissing inmate’s mandamus petition, where inmate did not possess a clear legal right to an order directing the Department to deaggregate his consecutive sentences

How later courts described this case

  • denying inmate’s application for summary relief, sustaining the Department’s preliminary objections and dismissing inmate’s mandamus petition, where inmate did not possess a clear legal right to an order directing the Department to deaggregate his consecutive sentences

Written by the judges who cited it.

The opinion

ORDER

PER CURIAM.

AND NOW, this 30th day of April, 2008, the order of the Commonwealth Court is AFFIRMED. 1

. This Court offers no comment concerning the Commonwealth Court's determination that all challenges to sentencing aggregation proceed in mandamus as opposed to habeas corpus, see Forbes v. PBPP, 931 A.2d 88, 91 (Pa.Cmwllh.2007), since such question has not been pursued by either party in the present appeal. This disposition is limited to the availability of the extraordinary remedy of mandamus, implicated by a clear right to relief in the form of the performance of ministerial duties required of the government, and only in the absence of any other adequate and appropriate remedies. See Seeton v. Pa. Game Comm'n, 594 Pa. 563 , 937 A.2d 1028, 1033 (2007).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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