E.M. Mack v. PPB
CourtCommonwealth Court of Pennsylvania
Date FiledNovember 4, 2026
Docket393 C.D. 2026
StatusUnpublished
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Full Opinion
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Edward Martin Mack, :
Petitioner :
:
v. :
:
Pennsylvania Parole Board, : No. 393 C.D. 2026
Respondent : Submitted: October 13, 2026
OPINION NOT REPORTED
MEMORANDUM OPINION
PER CURIAM FILED: November 4, 2026
Edward Martin Mack (Mack) petitions for review of the February 19,
2026 Decision of the Pennsylvania Parole Board (PPB) that denied his request for
administrative relief, thus finalizing the December 30, 2025 Decision of the PPB
recommitting Mack to a state correctional institution (SCI) for nine months. Mack’s
appointed counsel, Tiffany Stanley, Esquire (Attorney Stanley), has also filed an
application to withdraw. After thorough review, we affirm the PPB’s Decision and
grant Attorney Stanley’s application to withdraw.
I. Background
In April 2017, Mack pleaded guilty to a theft of movable property
charge and received a sentence with a minimum date of September 13, 2019, and a
maximum date of March 13, 2022. Certified Record (C.R.) at 6.1 In June 2019, the
PPB granted Mack parole subject to the special conditions of domestic violence
1
Certified Record references are to electronic pagination.
supervision2 and a mental health evaluation upon release. Id. at 50. He was released
from SCI-Coal Township on September 13, 2019. Id. at 12. On July 24, 2020, the
PPB recommitted Mack to serve six months of backtime due to multiple technical
parole violations, including failure to refrain from assaultive behavior and visitation
at a prohibited address. Id. at 16. The original maximum release date was not
adjusted after Mack’s technical parole violations, and Mack was automatically
reparoled in November 2020. Id. at 16-19.
While aware of the conditions of his parole, Mack committed another
series of parole violations. He tested positive for cocaine, marijuana, and
methamphetamine on six separate occasions and failed to fully participate in the
PPB’s mandated treatment to address his substance abuse issues. C.R. at 52-53.
Mack failed to comply with the special condition of his parole requiring a mental
health evaluation. Id. at 52. He was also sanctioned with GPS monitoring after
violating his domestic violence supervision. Id. at 52.
On September 10, 2021, the PPB issued a warrant to commit and detain
following Mack’s arrest for driving under the influence (DUI) of both drugs and
alcohol in Chester County a day prior. C.R. at 35-39. He posted bail on November
15, 2021, and the PPB’s warrant was lifted upon the expiration of Mack’s maximum
sentence on March 13, 2022. Id. at 108.
Mack was convicted of the DUI charge on September 29, 2025. C.R.
at 54. He was sentenced to 72 hours to 6 months of incarceration in Chester County
Prison, with credit for time served from September 10, 2021, to September 13, 2021,
and was granted immediate parole. Id. at 46 & 54. Mack was instructed to report to
the PPB following his release but failed to do so. Id. at 54. On December 13, 2025,
2
While Mack was not charged with domestic violence in connection with the April 2017
theft charge, the record refers to a separate domestic violence case and other recurring instances
of terroristic threats and abuse. See C.R. at 49-50 & 52.
2
the PPB lodged a second warrant to commit and detain following Mack’s DUI
conviction, and he was taken into custody by the City of Coatesville Police. Id. at
54 & 107. Mack was transported to Chester County Prison, whereafter he waived
his parole revocation and panel revocation hearings. Id. at 54.
On December 30, 2025, the PPB recommitted Mack as a convicted
parole violator (CPV) for nine months and declined to award credit for time spent at
liberty on parole due to Mack’s history of supervision failures and unresolved drug
and alcohol issues. C.R. at 109-10. It recomputed Mack’s original maximum
sentence date to December 15, 2026. Id. at 108. Mack filed an administrative
remedies form in which he contested the PPB’s denial of time spent at liberty on
parole, arguing that his sentence was extended despite his efforts to be a “productive
member of society” for over four and a half years. Id. at 111-13. The PPB denied
Mack’s request for administrative remedies on February 19, 2026. Id. at 121-23.
The PPB explained that it properly denied time spent at liberty on parole and that
there were 367 days remaining on Mack’s original sentence upon completion of his
county DUI sentence. Id. at 122.
Mack filed a timely appeal to this Court, and Attorney Stanley was
appointed to represent Mack on behalf of the Public Defender of Somerset County.
Cmwlth. Ct. Order, 4/10/2026; Attorney Stanley’s Entry of Appearance, 5/8/2026.
On June 1, 2026, after this Court issued a briefing schedule, Attorney Stanley filed
an application to withdraw as counsel and a Turner/Finley letter (Turner Letter)
asserting that Mack’s appeal lacked merit pursuant to Commonwealth v. Turner, 544
A.2d 927 (Pa. 1988).3 The application to withdraw states that Attorney Stanley
3
In Commonwealth v. Turner, the Pennsylvania Supreme Court held that “[w]hen, in the
exercise of his professional judgment, counsel determines that the issues raised under the [Post
Conviction Hearing Act (PCHA)] are meritless, and when the PCHA court concurs, counsel will
be permitted to withdraw and the petitioner may proceed pro se, or by privately retained counsel,
3
notified Mack of her request to withdraw and advised him of his right to retain new
counsel or proceed pro se to pursue any points that he might deem worthy of
consideration. Application to Withdraw, filed 6/1/2026. This Court’s docket
contains a certificate of service confirming that Attorney Stanley sent a copy of both
the Turner Letter and the application to withdraw to Mack. Certificate of Serv., filed
6/1/2026. This Court also issued an order reiterating Mack’s right to obtain
replacement counsel at his own expense or file a brief on his own behalf. Cmwlth.
Ct. Order, 6/4/2026. No new counsel has entered an appearance, and Mack has filed
no brief. This matter is now ripe for review.
II. Issues
On review,4 Mack argues that his current state detention is “illegal”
because he already served the maximum sentence on his theft charge. Pet. for
Review at 1. Specifically, Mack maintains that the PPB “illegally extended” his
sentence by recalculating the maximum date after Mack had already served the
maximum sentence. Id. at 1-2.
III. Discussion
A. Application to Withdraw
Before addressing the validity of the substantive arguments, this Court
must first assess the technical and substantive sufficiencies of the Turner Letter.
or not at all.” Id. at 928-29. The commonly used moniker of “Turner/Finley” letters refers to that
decision and to Pennsylvania v. Finley, 481 U.S. 551 (1987).
4
This Court’s standard of review is “limited to determining whether constitutional rights
were violated, whether the adjudication was in accordance with law, and whether necessary
findings were supported by substantial evidence.” Miskovitch v. Pa. Bd. of Prob. & Parole, 77
A.3d 66, 70 n.4 (Pa. Cmwlth. 2013).
4
When court-appointed counsel concludes that a petitioner’s appeal is meritless and
seeks to withdraw, counsel must notify the petitioner of his request to withdraw by
sending the petitioner copies of counsel’s application to withdraw and counsel’s
Turner letter. See, e.g., Miskovitch v. Pa. Bd. of Prob. & Parole, 77 A.3d 66, 69 (Pa.
Cmwlth. 2013); Zerby v. Shannon, 964 A.2d 956, 960 (Pa. Cmwlth. 2009). Counsel
must also provide a statement affirming that the petitioner has been advised of his
right to retain new counsel or proceed pro se to raise any issues he may deem worthy
of consideration in a brief on his own behalf. Miskovitch, 77 A.3d at 69. Our current
approach permits counsel to incorporate such statement into either the application to
withdraw or the Turner letter, as long as evidence of delivery to the petitioner exists
in the record. See Walker v. Pa. Parole Bd. (Pa. Cmwlth., No. 492 C.D. 2023, filed
January 7, 2026), slip op. at 5-10 (stating that “a separate statement is not a mandated
requirement”);5 see also Gonzalez v. Pa. Bd. of Prob. & Parole (Pa. Cmwlth., No.
1509 C.D. 2024, filed March 16, 2026), slip op. at 8-9 (holding that counsel’s
attestation that a petitioner was served contained in a certificate of service filed with
this Court is sufficient evidence of compliance with Turner’s notification
requirement).
Substantively, a Turner letter must “include an explanation of ‘the
nature and extent of counsel’s review and list each issue the petitioner wished to
have raised, with counsel’s explanation of why those issues are meritless.’”
Seilhamer v. Pa. Bd. of Prob. & Parole, 996 A.2d 40, 43 (Pa. Cmwlth. 2010) (some
alterations omitted) (quoting Turner, 544 A.2d at 928). Only after determining that
counsel has complied with all requirements for withdrawal will we independently
review the merits of a petitioner’s claims. Miskovitch, 77 A.3d at 70.
5
Under Section 414(a) of this Court’s Internal Operating Procedures, an unpublished
opinion of this Court issued after January 15, 2008, although not binding precedent, may be cited
for its persuasive value. 210 Pa. Code § 69.414(a).
5
Here, Attorney Stanley stated in her June 1, 2026 application to
withdraw that she notified Mack of her request to withdraw and advised Mack of his
right to retain new counsel or raise any points that he might deem worthy of
consideration by proceeding pro se. Application to Withdraw at 1-2 (citing Craig v.
Pa. Bd. of Prob. & Parole, 502 A.2d 758 (Pa. Cmwlth. 1985)). Attorney Stanley
also attested that she transmitted a copy of the certified record of this matter to Mack
on June 1, 2026. Id. at 2. Additionally, a certificate of service of record indicates
that Attorney Stanley provided Mack with copies of both the application to withdraw
and the Turner Letter on June 1, 2026, via first-class mail. Certificate of Serv.,
6/1/2026.
As to the substance of the Turner Letter, Attorney Stanley attests that
the issues raised in the petition for review lack merit and “there exists no legal basis
to challenge the [PPB] determinations[.]” Turner Letter at 1. She supports that
conclusion based on her review of the certified record and her telephone meeting
with Mack. Id. Attorney Stanley then sets forth the procedural history of the case
and its issues, thus reinforcing her review of the record. Id. at 2-6. She cites the
applicable statutory provisions governing the PPB’s authority to recommit CPVs
and its discretion to deny credit for time spent at liberty on parole. Id. at 4-6. As
such, we conclude that Attorney Stanley has complied with the requisite technical
and substantive requirements to withdraw from representation. Accordingly, we
grant the application to withdraw and proceed to an independent review of the
merits. See Zerby, 964 A.2d at 960.
B. Merits
Mack argues that his current detention was illegally extended because
he already served the maximum sentence. Pet. for Review at 1-2. This argument
lacks merit. It is well settled law that the PPB retains jurisdiction to recommit an
6
individual as a CPV after the expiration of an individual’s maximum sentence, so
long as the crime that led to the new conviction occurred while the individual was
on parole. Passaro v. Pa. Bd. of Prob. & Parole, 499 A.2d 725, 726 (Pa. Cmwlth.
1985). Section 6138(a)(1) of the Prisons and Parole Code provides:
(a) Convicted violators.—
(1) The [PPB] may, at its discretion, revoke the parole of
a paroled offender if the offender, during the period of
parole or while delinquent on parole, commits a crime
punishable by imprisonment, for which the offender is
convicted or found guilty by a judge or jury or to which
the offender pleads guilty or nolo contendere at any time
thereafter in a court of record.
(2) If the offender’s parole is revoked, the offender shall
be recommitted to serve the remainder of the term which
the offender would have been compelled to serve had the
parole not been granted and . . . shall be given no credit for
the time at liberty on parole.
61 Pa.C.S. § 6138(a)(1)-(2) (emphasis added). If an offender is paroled from an SCI
and receives a new sentence to be served in a county prison, the new county prison
term shall precede commencement of the balance of the term in which the offender
violated his parole. Id. § 6138(a)(5)(iii).
Here, the PPB properly exercised its revocation and recommitment
discretion because Mack was arrested for DUI on September 10, 2021, while on
parole from SCI-Coal Township. C.R. at 35-39; see also 61 Pa.C.S. § 6138(a)(2).
While the PPB’s warrant was lifted upon the expiration of Mack’s maximum
sentence, Mack did not become available for recommitment as a CPV pursuant to
Section 6138 until he was “convicted or found guilty” of the DUI charge. 61 Pa.C.S.
§ 6138(a)(1). As such, Mack was not available for recommitment as a CPV until he
was convicted of the DUI charge on September 29, 2025. Id.; see also C.R. at 54.
7
Further, because Mack was paroled from an SCI and received a new DUI sentence
to be served in a county prison, Section 6138(a)(5)(iii) required him to serve the new
county sentence before commencing service of the balance of his original state
sentence. 61 Pa.C.S. § 6138(a)(5)(iii). Accordingly, the PPB retained jurisdiction
over Mack to revoke his parole, recommit him as a CPV, and recalculate the
maximum date of his original sentence. Id. § 6138(a)(1)-(2); see also Price v. Pa.
Bd. of Prob. & Parole, 117 A.3d 362, 366 (Pa. Cmwlth. 2015) (quoting Kuykendall
v. Pa. Bd. of Prob. & Parole, 363 A.2d 866, 868 (Pa. Cmwlth. 1976) (“There is no
doubt that the [PPB] can recommit and recompute the sentence of a parolee who
commits a crime while on parole but is not convicted until after his original sentence
would have expired.”)); Miskovitch, 77 A.3d at 74 (holding that the expiration of the
original parole term was irrelevant for recommitment purposes and the PPB may
cause an offender’s detention or return to a correctional institution).
IV. Conclusion
Based on the foregoing discussion, we agree with Attorney Stanley that
Mack’s arguments on appeal lack merit. Accordingly, we affirm the February 19,
2026 Decision of the PPB and grant Attorney Stanley’s application to withdraw.
8
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Edward Martin Mack, :
Petitioner :
:
v. :
:
Pennsylvania Parole Board, : No. 393 C.D. 2026
Respondent :
PER CURIAM
ORDER
AND NOW, this 4th day of November, 2026, the February 19, 2026
Decision of the Pennsylvania Parole Board is AFFIRMED. The Application for
Withdrawal of Appearance of Tiffany Stanley, Esquire, is GRANTED.