# Hines v. Pennsylvania Board of Probation & Parole

> Supreme Court of Pennsylvania · September 22, 1980 · 491 Pa. 142

URL: https://www.frixlaw.com/law-library/cases/9734399

## Case

- **Full name:** William J. HINES, Appellant/Cross-Appellee, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Appellee/Cross-Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** September 22, 1980
- **Citations:** 491 Pa. 142; 420 A.2d 381; 1980 Pa. LEXIS 800
- **Precedential status:** Published
- **Opinion:** Dissent by Roberts
- **Judges:** Eagen, O'Brien, Roberts, Nix, Larsen, Flaherty, Kauffman
- **Cited by:** 50 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9734399

## How later opinions describe it (automated extraction)

- holding that parolee not entitled to credit for time spent serving sentence while on constructive parole because he was “at liberty on parole,” which is gauged by the time spent not serving the original sentence, not whether the offender is, in fact “at liberty”

## Opinion text

ROBERTS, Justice,
dissenting.
I dissent. On cross motions for summary judgment the Commonwealth Court sitting en banc unanimously found on an adequate record that “the petitioner would have been eligible for release on bail but for the Board’s detainer.” Thus, there is no need to remand for further findings. Indeed, neither party has requested such a remand. I would affirm the Commonwealth Court’s order and grant appellant credit against his original sentence for the time spent in custody because of the Board’s detainer.
O’BRIEN, J., joins in this dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9734399. Public record. Not legal advice.