Plummer v. Pennsylvania Board of Probation and Parole

In Plummer v. Pennsylvania Board of Probation and Parole, 926 A.2d 561 (Pa. Cmwlth. 2007), a parolee challenged the timeliness of his parole revocation hearing, and his counsel sought leave to withdraw as counsel as to that issue. 926 A.2d at 563-64. In seeking leave to withdraw, the parolee's counsel acknowledged that no reference or objection was made to the timeliness of the parole revocation hearing at the hearing itself. Id. at 564. The parolee's counsel also acknowledged that the criminal arrest and disposition report contained in the record established that a parole revocation hearing had been held in a timely manner. Id. The Court then held: Because the record supports the conclusion that, even if the parolee had not waived the issue, the Board provided a hearing within the required 120-day period, we agree with the Board that, not only did the parolee waive the issue, but it is also without merit, and therefore, counsel is permitted to withdraw as to this issue. Id.