HOLLIDAYSBURG — Blair County Judge Daniel J. Milliron said he may have been in error granting bail to an inmate being housed in a state correctional institution, but the judge also thinks he was right in doing so.

Shawn E. Gibson, 48, was convicted in 2011 of drug offenses and sentenced in February 2012 to five to 10 years in state prison.

Gibson appealed his conviction to the Pennsylvania Superior Court, arguing his trial attorney was ineffective.

Gibson faulted his attorney for not challenging the evidence that the prosecution intended to use against him and for not calling alibi witnesses.

A three-judge Superior Court panel in 2013 dismissed the appeal and upheld his sentence, noting that Gibson’s ineffectiveness challenge on a direct appeal of his conviction was improper.

It dismissed the ineffectiveness claims, but without prejudice, meaning he could challenge his lawyer’s representation by filing a post-conviction ap­peal.

Gibson, who has fired several other attorneys along the way, filed the ineffectiveness claims in a post-conviction appeal that was before Milliron.

The judge rejected the appeal, and Gibson has appealed Milliron’s ruling to the Superior Court.

The judge explained he held a recent hearing — at the request of the Superior Court — to determine if he should appoint yet another attorney for Gibson.

In a June 27 order, Milliron di­rected the Blair County court administrator to appoint new counsel for Gibson.

Gibson, however, acting on his own, requested bail pending the out­come of his Superior Court appeal.Milliron in the June 27 order set unsecured bail of $10,000 for Gibson, who is serving his sentence at the State Correctional Institu­tion at Pine Grove in Indiana County.

Unsecured bail means a suspect does not have to post any money to gain his re­lease, but as Blair County First Assistant District Attorney Pete Weeks said Wednesday, he is not sure the judge has the authority to set bail for an individual under the care of the Department of Corrections.

Milliron in his order that was filed in the Office of the Blair County Protho­notary and Clerk of Courts, stated that he has jurisdiction to amend a defendant’s bail after sentencing and that’s what he did.

In discussing the Gibson case, the judge pointed out that it has been explained to Gibson that because he has already served his minimum sentence, and, if he would drop his appeal, he could place his fate in the hands of the Pennsylvania Board of Probation and Parole.

Gibson, however, wants to overturn his conviction and will not drop his appeal.

Milliron said that he believes in view of these circumstances that he has the power to grant bail under the cloak of “manifest justice.”

His order states, “There­fore, pursuant to Pennsyl­vania Rule of Appellate procedure 1762, the Court believes it has the authority to have the defendant released pending any appeal of his (post-conviction appeal), and hereby orders his release.”

He concluded, “There is simply no reason to keep the defendant incarcerated any longer on this matter while said appeal is pending.”

The judge said his order may be in error, noting that he now believes there should be another hearing on the issue, and he said he intends to schedule a hearing, with Gibson present.

Meanwhile Gibson re­mains at SCI Pine Grove, according to the Penn­syl­vania Inmate Locator.