Opinion

Commonwealth Ex Rel. Davis v. Pennsylvania Board of Parole

  • 484 Pa. 157
  • 398 A.2d 992
  • 1979 Pa. LEXIS 487
Court
Supreme Court of Pennsylvania
Filed
Mar 16, 1979
Status
Published
Author
Larsen
On the bench
Eagen, Larsen, Manderino, Nix, O'Brien, Roberts
Cited by
21 cases
Authority
More cited than 7.3%

stating that “[j]urisdiction over complaints against State agencies or officers administrating the parole system which are not direct or collateral attacks on the conviction or sentence was vested exclusively in the Commonwealth Court”

How later courts described this case

  • stating that “[j]urisdiction over complaints against State agencies or officers administrating the parole system which are not direct or collateral attacks on the conviction or sentence was vested exclusively in the Commonwealth Court”
  • holding that a proceeding in mandamus is available to compel a public official to correct a mistake in applying the law when interpreting commitment papers
  • “Jurisdiction over complaints sounding in mandamus against State agencies administering the parole system, where the complaint is not a direct or collateral attack on the -3- J-S21010-18 conviction or sentence, is vested exclusively in the Commonwealth Court.”

Written by the judges who cited it.

The opinion

*163 LARSEN, Justice,

dissenting.

I dissent and adopt the reasoning of the Commonwealth Court’s Opinion as authored by the Honorable Judge Roy Wilkinson, Jr. That case may be found at Commonwealth of Pennsylvania, ex rel. Lonnie Davis v. Pennsylvania Board of Parole, 27 Pa.Cmwlth. 335 , 365 A.2d 702 (1976).

MANDERINO, J., joins this dissenting opinion.

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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