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Commonwealth v. Reese

Orders granting two writs of habeas corpus reversed; in first case, court abused its discretion in granting relief because petitioner was not entitled to time spent on parole due to his conviction of new crimes committed while on parole; in second case, court did not have jurisdiction because petitioner was attempting to misuse the petition to challenge Parole Board's recalculation of his maximum release date.

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J. A02012/01

� 1 Appellants, the Pennsylvania Department of Corrections (“DOC”) and Philip Johnson, Superintendent of the State Correctional Institution at Pittsburgh (“SCI”), appeal from Orders that granted Petitions for writs of habeas corpus filed by two prisoners, Appellees Emmit Reese (“Reese”) and Scott Richart (“Richart”). *fn1 The Petitions were granted on the basis that Reese’s and Richart’s maximum prison terms had expired, and that they were therefore entitled to be discharged. For the reasons stated herein, we reverse both Orders.

� 2 The above cases have been consolidated for appeal. We first set forth the facts relevant to the Reese case.

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