Green v. Commonwealth, Pennsylvania Board of Probation & Parole

Supreme Court of Pennsylvania

Green v. Commonwealth, Pennsylvania Board of Probation & Parole

982 A.2d 508

CourtSupreme Court of Pennsylvania

DecidedNovember 18, 2009

Docket11 WAP 2009

StatusPublished

This text of 982 A.2d 508 (Green v. Commonwealth, Pennsylvania Board of Probation & Parole) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Green v. Commonwealth, Pennsylvania Board of Probation & Parole, 982 A.2d 508 (Pa. 2009).

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Opinion

ORDER

PER CURIAM.

AND NOW, this 18th day of November, 2009, the April 2, 2009 Order of the Commonwealth Court granting judgment on the pleadings in favor of the Board of Probation and Parole is VACATED. See Miami National Bank v. Willens, 410 Pa. 505, 190 A.2d 438, 439 (1963) (“In order for a judgment on the pleadings to be granted, all relevant and material averments of fact made by the opposing party must be taken as true.”) The matter is remanded to the Commonwealth Court with instructions to deny Appellant’s motion for judgment on the pleadings and to consider the issue raised in Appellant’s Petition for Review and Answer to New Matter. The February 23, 2009 Order of the Commonwealth Court granting the Greene County Public Defender’s application to withdraw as counsel is AFFIRMED.

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ORDER

PER CURIAM.

AND NOW, this 18th day of November, 2009, the April 2, 2009 Order of the Commonwealth Court granting judgment on the pleadings in favor of the Board of Probation and Parole is VACATED. See Miami National Bank v. Willens, 410 Pa. 505, 190 A.2d 438, 439 (1963) (“In order for a judgment on the pleadings to be granted, all relevant and material averments of fact made by the opposing party must be taken as true.”) The matter is remanded to the Commonwealth Court with instructions to deny Appellant’s motion for judgment on the pleadings and to consider the issue raised in Appellant’s Petition for Review and Answer to New Matter. The February 23, 2009 Order of the Commonwealth Court granting the Greene County Public Defender’s application to withdraw as counsel is AFFIRMED.

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982 A.2d 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-commonwealth-pennsylvania-board-of-probation-parole-pa-2009.

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