Barna v. Pennsylvania Board of Probation & Parole
8 A.3d 370
Pa. Commw. Ct.2010Background
- Barna was sentenced in 1997 to 8–20 years for robbery and kidnapping.
- Parole granted February 25, 2008; released May 1, 2008.
- A May 12, 2008 report alleged Barna attacked/threatened a woman; parole warrant issued.
- May 13, 2008 charges filed: simple assault, terroristic threats, harassment; Barna later convicted of harassment.
- Board revocation hearing held April 24, 2009; June 10, 2009 recommitted Barna as a convicted parole violator for six months backtime when available.
- Board’s December 9, 2009 administrative denial; Barna appealed to Commonwealth Court, which affirmed order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether harassment conviction in common pleas court qualifies as conviction in a court of record for parole violation recommitment. | Barna asserts harassment conviction is not a court of record if tried before a common pleas judge sitting as magistrate. | Board may recommit if conviction occurs in a court of record; common pleas court is a court of record. | Yes; Barna was convicted before a court of record; Board authorized to recommit. |
| Whether Barna could collaterally challenge the underlying criminal conviction in a parole-revocation appeal. | Barna argues collateral attack on conviction is permissible. | Collateral attack on criminal conviction is impermissible in parole-revocation appeal. | Not permissible to collaterally attack the conviction in this appeal. |
| Whether Barna’s conspiracy/evidence-fabrication claim warranted remand for a hearing. | Alleges conspiracy between police and Board based on timing of arrest/charges. | Allegations are speculative and insufficient to show an agreement to fabricate evidence. | Speculative assertions insufficient; no remand ordered. |
| Whether the Board’s June 10, 2009 decision properly addressed credit and “dead time” issues. | Board failed to credit time, creating dead time; issue not properly before us. | Board did not recalculate sentence; subsequent order on credit is separate and not before the court. | Not properly before the court; affirmed on other grounds. |
Key Cases Cited
- Jackson v. Pennsylvania Board of Probation and Parole, 951 A.2d 1238 (Pa.Cmwlth. 2008) (conviction in court of record required for parole violation recommitment)
- Goodwine v. Pennsylvania Board of Probation and Parole, 960 A.2d 184 (Pa.Cmwlth. 2008) (distinguishes court of record vs. non-record for summary offenses)
- Lewis v. Pennsylvania Bd. of Probation & Parole, 74 Pa.Cmwlth. 335 (Pa.Cmwlth. 1983) (summary offense conviction by MDJ not a court of record for recommitment)
- Commonwealth ex rel. Davis v. Pennsylvania Board and Parole, 484 Pa. 157 (1989) (precludes collateral attack on criminal conviction in parole appeal)
- Miller v. Pennsylvania Board of Probation and Parole, 78 Pa.Cmwlth. 26 (Pa.Cmwlth. 1983) (supports limitations on revisiting underlying conviction in parole case)
- Oatess v. Norris, 431 Pa.Super. 599 (Pa. Super. 1994) (pleading requires specific facts to support conspiracy claims)