constitutional or statutory violation in Pennsylvania

2024Decisions to deny parole are generally “not appealable except to the extent that a constitutional or statutory violation has occurred.” Myers, 712 A.2d at 794 .

2019See Myers v. Ridge, 712 A.2d 791, 794 (Pa. Cmwlth. 1998) (stating that decisions of the Board granting or denying parole are generally not appealable except to the extent a constitutional or statutory violation has occurred).5 Accordingly, for the foregoing reasons, we affirm. __________________________________ CHRISTINE FIZZANO CANNON, Judge 5 Malcomb asserts in the summary of argument and the conclusion sections of his appellate brief, but not in the argument section, that he received ineffective assistance of counsel.

2019If one of these interests is involved, the inmate is entitled to notice and an opportunity to be heard.” Hill v. Dep’t of Corr., 64 A.3d 1159, 1167 (Pa. Cmwlth. 2013) (citation omitted); see Lawson v. Dep’t of Corr., 539 A.2d 69, 71 (Pa. Cmwlth. 1988) (“It is clear then that where an inmate files an action in our original jurisdiction seeking review of Department action, our inquiry must be limited to a determination of whether a constitutional or statutory violation has occurred.”).

1998Lawson v. Commonwealth, Department of Corrections, 114 Pa.Cmwlth. 573 , 539 A.2d 69 (1988). 1.

2003See Martin v. Jeffes, 93 Pa.Cmwlth. 82 , 501 A.2d 308 (1985) (matters of prison management are uniquely the province of the executive and legislative branches of *613 the government); Inmates of B-Block v. Jeffes, 87 Pa.Cmwlth. 98 , 488 A.2d 569 (1984).

1988Martin; see also Inmates of B-Block v. Jeffes, 87 Pa. Commonwealth Ct. 98 , 483 A.2d 569 (1984).

2019If one of these interests is involved, the inmate is entitled to notice and an opportunity to be heard.” Hill v. Dep’t of Corr., 64 A.3d 1159, 1167 (Pa. Cmwlth. 2013) (citation omitted); see Lawson v. Dep’t of Corr., 539 A.2d 69, 71 (Pa. Cmwlth. 1988) (“It is clear then that where an inmate files an action in our original jurisdiction seeking review of Department action, our inquiry must be limited to a determination of whether a constitutional or statutory violation has occurred.”).

2015See Commonwealth v. Spangler, 809 A.2d 234, 240-41 (Pa. 2002) (explaining that “judicial enforcement of a regulation or policy governing the conduct of a criminal investigation” is inappropriate unless “compliance is mandated either by a statute or as a matter of constitutional compliance[.]”) (citation omitted); see also United States v. Caceres, 440 U.S. 741, 749-50 (1979) (failure of Internal Revenue Service agent to follow agency regulations concerning electronic surveillance did not -7- J-S51032-15 require suppression of recordings because violation of regulations was not of constitutiona

2015See Commonwealth v. Spangler, 809 A.2d 234, 240-41 (Pa. 2002) (explaining that “judicial enforcement of a regulation or policy governing the conduct of a criminal investigation” is inappropriate unless “compliance is mandated either by a statute or as a matter of constitutional compliance[.]”) (citation omitted); see also United States v. Caceres, 440 U.S. 741, 749-50 (1979) (failure of Internal Revenue Service agent to follow agency regulations concerning electronic surveillance did not -7- J-S51032-15 require suppression of recordings because violation of regulations was not of constitutiona

2003See Martin v. Jeffes, 93 Pa.Cmwlth. 82 , 501 A.2d 308 (1985) (matters of prison management are uniquely the province of the executive and legislative branches of *613 the government); Inmates of B-Block v. Jeffes, 87 Pa.Cmwlth. 98 , 488 A.2d 569 (1984).

2003See Martin v. Jeffes, 93 Pa.Cmwlth. 82 , 501 A.2d 308 (1985) (matters of prison management are uniquely the province of the executive and legislative branches of *613 the government); Inmates of B-Block v. Jeffes, 87 Pa.Cmwlth. 98 , 488 A.2d 569 (1984).

1994See also, Bennett v. City of Slidell, 728 F.2d 762 (5th Cir.1984).

1994See also, Bennett v. City of Slidell, 728 F.2d 762 (5th Cir.1984).

1979American Totalizator Co., Inc. v. Seligman, 27 Pa. Commonwealth Ct. 639, 644 , 367 A.2d 756, 758 (1976).

1979American Totalizator Co., Inc. v. Seligman, 27 Pa. Commonwealth Ct. 639, 644 , 367 A.2d 756, 758 (1976).

1977In testing the appropriateness of judicial remedies with respect to the myriad and complex problems of school desegregation we are guided by the Supreme Court’s rule in Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 16 (1971) that “'the nature of the violation determines the scope of the remedy. ’ ’ In fashioning remedies to correct unlawful segregation, the Court, through Mr. Chief Justice Burger, admonished courts of equity must balance the public interest and private needs, mindful that “ [rjemedial judicial authority does not put judges automatically in the shoes bf school

1977In testing the appropriateness of judicial remedies with respect to the myriad and complex problems of school desegregation we are guided by the Supreme Court’s rule in Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 16 (1971) that “'the nature of the violation determines the scope of the remedy. ’ ’ In fashioning remedies to correct unlawful segregation, the Court, through Mr. Chief Justice Burger, admonished courts of equity must balance the public interest and private needs, mindful that “ [rjemedial judicial authority does not put judges automatically in the shoes bf school

1960Kelley, District Attorney v. Keiser, 340 Pa. 59, 66, 67 , 16 A. 2d 307 , this Court stated: “The question as to when a person elected or appointed to office must satisfy a constitutional or statutory requirement relating to qualifications is quite confused, both in this state and elsewhere.

1960Kelley, District Attorney v. Keiser, 340 Pa. 59, 66, 67 , 16 A. 2d 307 , this Court stated: “The question as to when a person elected or appointed to office must satisfy a constitutional or statutory requirement relating to qualifications is quite confused, both in this state and elsewhere.