Cox v. Commonwealth, Bd. of Prob. and Parole

In Cox v. Commonwealth, Bd. of Prob. and Parole, 507 Pa. 614, 493 A.2d 680 (1985), the Supreme Court of Pennsylvania explained that "at liberty on parole" means "not at liberty from all confinement but at liberty from confinement on the particular sentence for which the convict is being reentered as a parole violator." Id. at 618, 493 A.2d at 683 In Cox, our Supreme Court emphasized that the record, on appellate review, must enable the reviewing court to adequately address the factual question of the custodial conditions at issue: We are therefore left with the need for a factual determination as to the nature of the Eagleville program and whether the restrictions on appellant's liberty there were the equivalent of incarceration entitling him to credit for the time spent in the program. Any effort to review this factual question now is defeated by the inadequate record before us. . . It is appellant's burden, on remand, to show the specific characteristics of the Eagleville program that constituted restrictions on his liberty sufficient to warrant credit on his recomputed backtime, and persuade the Board of that fact. . . The Board must help in providing a record which makes effective appellate review possible. Cox, 507 Pa. at 619-620, 493 A.2d at 683.