Opinion

Winklespecht v. Pennsylvania Board of Probation & Parole

  • 571 Pa. 685
  • 813 A.2d 688
  • 2002 Pa. LEXIS 3117
Court
Supreme Court of Pennsylvania
Filed
Dec 31, 2002
Status
Published
Author
Castille
On the bench
Zappala, Cappy, Castille, Nigro, Newman, Saylor, Eakin
Cited by
24 cases
Authority
More cited than 10.1%

"Reordering of considerations for necessary decisions within an unchanged penalty do not rise to an ex post facto violation"

How later courts described this case

  • "Reordering of considerations for necessary decisions within an unchanged penalty do not rise to an ex post facto violation"
  • limiting review to issues developed in brief
  • retroactive application of 1996 changes to § 331.1 was not ex post facto violation; question of propriety of habeas corpus as remedy was not reached
  • "[W]e leave for another day the question of the propriety of habeas corpus as a remedy.”

Written by the judges who cited it.

The opinion

Justice CASTILLE,

Concurring.

For the reasons stated in my concurring opinion in Coady v. Vaughn, 564 Pa. 604 , 770 A.2d 287 (2001) (Castille, J., concur *693 ring), which was joined by Madame Justice Newman, I am inclined to believe that non-frivolous constitutional challenges to the denial of parole are cognizable under Pennsylvania’s habeas corpus statute, 42 Pa.C.S. § 6501 et seq. See also Commonwealth v. Haag, 809 A.2d 271 (Pa.2002) (Castille, J., concurring). Although this Court has nonexclusive original jurisdiction of all cases sounding in habeas corpus, see 42 Pa.C.S. § 721(1), I believe that the better practice is for such petitions to be filed with the sentencing court pursuant to Pa.R.Crim.P. 108(A) (“A petition for writ of habeas corpus challenging the legality of the petitioner’s detention or confinement in a criminal matter shall be filed with the clerk of courts of the judicial district in which the order directing the petitioner’s detention or confinement was entered.”).

I fully agree, however, with the lead opinion’s conclusion that the constitutional ex post facto claim raised here — a claim this Court has seen raised with increasing frequency on our allocatur and miscellaneous dockets — is entirely meritless. Subject to the foregoing qualifications concerning the cognizability of and venue for such claims, I join the lead opinion.

Justice NEWMAN joins this concurring 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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