United States Third Circuit

Due to a combination of willful noncompliance, bad faith, and a sufficient inference of retaliation or vindictiveness on the part of the Pennsylvania Board of Probation and Parole, it would be futile to further remand prisoner's parole application to the Board for a fair disposition. Prisoner's motion for unconditional habeas relief must be granted.

Appellate Information

• Argued 12/15/2003
• Decided 01/14/2004
• Published 01/14/2004

Judges

• Before SLOVITER, MCKEE, and ROSENN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Leonard N. Sosnov (Argued), Wyndmoor, PA, for Appellant.


• For Appellees:
  
• Francis R. Filipi (Argued), Office of Attorney General of Pennsylvania, Harrisburg, PA, for Appellees.