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Voss v. Pennsylvania Board of Probation and Parole

Prisoner's due process rights required that Parole Board offer more than "achieving fair administration of justice" as explanation for denial of parole application.

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Submitted: September 14, 2001

OPINION

The Pennsylvania Board of Probation and Parole (Board) filed a preliminary objection in the nature of a demurrer to the petition for review in the nature of a writ of mandamus filed by Frank Voss. This case is one of first impression for the Court. Voss requests the Court to determine that Section 1 of the act commonly known as the Parole Act (Act), Act of August 6, 1941, P.L. 861, as amended by the Act of December 18, 1996, P.L. 1098, 61 P.S. �331.1, is inapplicable to persons seeking parole rather than to those already on parole. He also requests the Court to vacate the Board’s decision to deny him parole and to remand this matter for the Board to decide his application for parole in compliance with Section 19 of the Act, 61 P.S. �331.19. The Board denied Voss parole based on the Section 1 concept of “achieving the fair administration of justice.” The Board contends that Voss has failed to state a cause of action for which relief may be granted.

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