J. Depoe v. PPB

IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Jeff Depoe, :
Petitioner :
:
v. : No. 1266 C.D. 2021
: Submitted: July 1, 2022
Pennsylvania Parole Board, :
Respondent :
BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge
HONORABLE ELLEN CEISLER, Judge
HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY
SENIOR JUDGE LEADBETTER1 FILED: March 7, 2023
Petitioner Jeff Depoe (Depoe) petitions for review of the Pennsylvania Parole
Board’s (Board) October 13, 2021 order, through which the Board modified its June
29, 2020 decision to recommit Depoe as a convicted parole violator (CPV), so that
the Board could award him additional credit for time he was held solely on the
Board’s warrant. On appeal, Depoe maintains that the Board has nonetheless
miscalculated the amount of time credit he is owed and seeks correction of this
putative error. In that decision, the Board concluded that Depoe had 841 days left on
his January 2017 sentence and recalculated the maximum date on that sentence as
July 21, 2022. (Board decision, dated September 29, 2021, formalizing this
modification). The Board then mailed an identical order to Depoe on October 13,
2021. Depoe’s appeal to our Court from the Board’s October 13, 2021 order
1
The majority opinion was reassigned to the authoring judge on October 31, 2022.
followed shortly thereafter. Thus, between the time Depoe filed his petition for
review, his maximum term expired. Accordingly, we will dismiss this appeal as
moot.2 Taylor v. Pa. Bd. of Prob. & Parole, 746 A.2d 671, 674 (Pa. Cmwlth. 2000)
(“the expiration of a parolee’s maximum term renders an appeal of a Board
revocation order moot” and “[i]t is well settled that an appeal will be dismissed when
the occurrence of an event renders it impossible for the court to grant the requested
relief”).
____________________________
BONNIE BRIGANCE LEADBETTER,
President Judge Emerita
2
We note in passing that it appears that Depoe’s administrative challenge which resulted
in the adjudication at issue here was untimely. Therefore, we could not reach the merits of the
arguments asserted here even if the case was not moot.
2
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Jeff Depoe, :
Petitioner :
:
v. : No. 1266 C.D. 2021
:
Pennsylvania Parole Board, :
Respondent :
ORDER
AND NOW, this 7th day of March, 2023, the above-captioned Petition for
Review is DISMISSED as MOOT.
____________________________
BONNIE BRIGANCE LEADBETTER,
President Judge Emerita