Commonwealth Court of Pennsylvania

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Brown v. Pennsylvania Parole Board — Court Again Denies Withdrawal; No-Merit Letter Must Address Every Claim Client Raised

The Commonwealth Court of Pennsylvania again denied appointed counsel’s application to withdraw in a parole revocation appeal, holding for the second time that the Turner/Finley no-merit letter failed to address the client’s specific warrant-credit claim and provided only passing references—without citation or analysis—to the revocation-hearing timeliness argument.

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Davies v. Pennsylvania Parole Board — Triennial Parole Review for Rape Convicts Does Not Violate Ex Post Facto Clause

The Commonwealth Court of Pennsylvania held that the 2020 amendment changing mandatory parole review for rape convicts from annual to triennial (61 Pa.C.S. § 6139(a)(3.3)) does not violate the ex post facto clause, because it alters only when the Board must conduct review—not the standards for granting parole or the Board’s authority to act on its own motion sooner.

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Kapish v. Bureau of Driver Licensing — Ten-Year Court-Caused Delay in License Suspension Hearing Mandates Reversal Under Middaugh Due Process Test

The Commonwealth Court of Pennsylvania reversed the denial of a license suspension appeal, holding that Court Administration’s ten-year failure to schedule a hearing — despite repeated court orders to do so — constituted an extraordinary government-caused delay that violated the licensee’s due process rights under the Middaugh framework and mandated dismissal of the suspension.

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