# Winklespecht v. Pennsylvania Board of Probation & Parole

> Supreme Court of Pennsylvania · December 31, 2002 · 571 Pa. 685

URL: https://www.frixlaw.com/law-library/cases/9748417

## Case

- **Full name:** Walter WINKLESPECHT, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent
- **Court:** Supreme Court of Pennsylvania
- **Decided:** December 31, 2002
- **Citations:** 571 Pa. 685; 813 A.2d 688; 2002 Pa. LEXIS 3117
- **Precedential status:** Published
- **Opinion:** Concurrence by Castille
- **Judges:** Zappala, Cappy, Castille, Nigro, Newman, Saylor, Eakin
- **Cited by:** 24 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/9748417

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9748417. Public record. Not legal advice.