From Casetext: Smarter Legal Research

Forbes v. Pennsylvania Department of Corrections

Supreme Court of Pennsylvania
Apr 30, 2008
596 Pa. 492 (Pa. 2008)

Opinion

April 30, 2008.

Appeal No. 88 MAP 2007 from the Order of the Commonwealth Court dated 7/19/07 at No. 31 MD 2007 dismissing the petition for review.

Prior Report: Pa.Cmwlth., 931 A.2d 88.


ORDER


AND NOW, this 30th day of April, 2008, the order of the Commonwealth Court is AFFIRMED.

This Court offers no comment concerning the Commonwealth Court's determination that all challenges to sentencing aggregation proceed in mandamus as opposed to habeas corpus, see Forbes v. PBPP, 931 A.2d 88, 91 (Pa.Cmwlth. 2007), since such question has not been pursued by either party in the present appeal. This disposition is limited to the availability of the extraordinary remedy of mandamus, implicated by a clear right to relief in the form of the performance of ministerial duties required of the government, and only in the absence of any other adequate and appropriate remedies. See Seeton v. Pa. Game Comm'n, 594 Pa. 563, 937 A.2d 1028, 1033 (2007).


Summaries of

Forbes v. Pennsylvania Department of Corrections

Supreme Court of Pennsylvania
Apr 30, 2008
596 Pa. 492 (Pa. 2008)
Case details for

Forbes v. Pennsylvania Department of Corrections

Case Details

Full title:Michael FORBES, Appellant v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS and…

Court:Supreme Court of Pennsylvania

Date published: Apr 30, 2008

Citations

596 Pa. 492 (Pa. 2008)
946 A.2d 103

Citing Cases

Taylor v. Commonwealth, Dep't. of Corr.

We, therefore, conclude that Taylor fails to establish a clear legal right to an order directing the…

Moss v. SCI - Mahanoy Superintendent Pa. Bd. of Prob. & Parole

This Court has consistently held that "once a sentencing court imposes a consecutive sentence, aggregation…