*1 DECIDED: November 29, 2017 IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
BERNARD BANKS, : No. 366 MAL 2016
:
Respondent :
: Petition for Allowance of Appeal from : the Published Opinion and Order of v. : the Commonwealth Court at No. 1452
: CD 2015, at 136 A.3d 1102 (Pa. : Cmwlth. 2016) entered on April 27, PENNSYLVANIA BOARD OF : 2016, vacating and remanding the
PROBATION AND PAROLE, : Decision of the Board of Probation &
: Parole at Nos. Inmate No. HM0360 and Petitioner : Parole No. 612EM entered on July 14,
: 2015
ORDER
PER CURIAM
AND NOW , this 29 th day of November, 2017, the Petition for Allowance of Appeal
is GRANTED , the order of the Commonwealth Court, No. 1452 CD 2015, 136 A.3d
1102, filed April 27, 2016, is VACATED , and the case is REMANDED to the
Commonwealth Court for further proceedings in light of Smith v. Pa Board of Probation
and Parole , 2017 WL 4655306 (Pa. Oct. 18, 2017).