Banks, B v. PBPP

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT BERNARD BANKS, : No. 366 MAL 2016 : Respondent : : Petition for Allowance of Appeal from : the Published Opinion and Order of v. : the Commonwealth Court at No. 1452 : CD 2015, at 136 A.3d 1102 (Pa. : Cmwlth. 2016) entered on April 27, PENNSYLVANIA BOARD OF : 2016, vacating and remanding the PROBATION AND PAROLE, : Decision of the Board of Probation & : Parole at Nos. Inmate No. HM0360 and Petitioner : Parole No. 612EM entered on July 14, : 2015 ORDER PER CURIAM DECIDED: November 29, 2017 AND NOW, this 29th day of November, 2017, the Petition for Allowance of Appeal is GRANTED, the order of the Commonwealth Court, No. 1452 CD 2015, 136 A.3d 1102 , filed April 27, 2016, is VACATED, and the case is REMANDED to the Commonwealth Court for further proceedings in light of Smith v. Pa Board of Probation and Parole, 2017 WL 4655306 (Pa. Oct. 18, 2017).