Loach v. Pennsylvania Board of Probation & Parole
57 A.3d 210
Pa. Commw. Ct.2012Background
- Loach was sentenced 1991 to 9–30 years for third-degree murder and aggravated assault; paroled 2008.
- First set of charges arrested March 31, 2009; detained April 1, 2009 pending disposition.
- Second set of charges arrested January 4, 2010.
- May 27, 2011, Loach found guilty of criminal conspiracy to rob (second set); sentenced 25–50 years.
- Board held parole revocation hearing August 31, 2011, recommitting Loach as convicted parole violator to 30 months backtime.
- Loach appealed administratively (Oct. 14, 2011) and sought judicial review; motion to strike later denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preliminary hearing for parole revocation on first charges | Loach contends due process denied due to no preliminary hearing. | Board and applicable rules show no mandatory preliminary hearing when a prior hearing addresses merits. | No due process error; preliminary hearing redundant given the Jan. 4, 2010 hearing. |
| Notice sufficiency despite misdated arrest and wrong court | Notice failed to describe correct arrest date and court of record. | Notice provided sufficient details to prepare a defense. | Notice was constitutionally adequate. |
| Timeliness of final parole revocation hearing under 120-day rule | The 120-day clock should have started earlier (Nov. 9, 2010). | Clock starts when officially verified return to state facility; Loach was county-detained until Aug. 31, 2011. | Hearing held within 120 days of official verification; timeliness satisfied. |
| Motion to strike fraudulent notice page | Page 66 is a fraudulent copy undermining proceedings. | Updated notice shows no intent to undermine; both versions adequate. | Motion to strike denied; notice adequate. |
Key Cases Cited
- Morrissey v. Brewer, 408 U.S. 471 (U.S. Supreme Court 1972) (defined minimum due process for parole revocation)
- Gant v. Pennsylvania Board of Probation and Parole, 380 A.2d 510 (Pa. Cmwlth. 1977) (preliminary hearing rights when merits addressed elsewhere)
- Leese v. Pennsylvania Board of Probation and Parole, 570 A.2d 641 (Pa.Cmwlth. 1990) (preliminary hearing purpose to prevent unwarranted liberty loss)
- Whittington v. Pennsylvania Board of Probation and Parole, 404 A.2d 782 (Pa.Cmwlth. 1979) (defects at a preliminary hearing not remedied after final hearing)
- Flair v. Pennsylvania Board of Probation and Parole, 521 A.2d 989 (Pa.Cmwlth. 1987) (notice sufficiency to enable defense preparation)