contours doctrine (Pennsylvania) · Go Syfert
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contours doctrine in Pennsylvania

15 Pennsylvania opinions name it 2 courts 1986–2024 5 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
William Penn School District v. Pennsylvania Department of Educationgreen
pa · 2017 · cited in 3 Pennsylvania opinions naming this issue, 2024–2024
2 sentences

2024In matters involving our Constitution, “we will abstain from reviewing cases only where the determination whether the action taken is within the power granted by the Constitution has been entrusted exclusively and finally to the political branches of government for ‘self- monitoring’.” William Penn School District, 170 A.3d at 439 (emphasis original).

2024In matters involving our Constitution, “we will abstain from reviewing cases only where the determination whether the action taken is within the power granted by the Constitution has been entrusted exclusively and finally to the political branches of government for ‘self- monitoring’.” William Penn School District, 170 A.3d at 439 (emphasis original).

33
In Re WINSHIPgreen
scotus · 1970 · cited in 2 Pennsylvania opinions naming this issue, 2019–2019
2 sentences

2019See In re Winship , 397 U.S. 358 , 363-64, 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970).

2019See In re Winship , 397 U.S. 358 , 363-64, 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970).

22
Hurtt v. Stironegreen
pa · 1965 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023See Hurtt v. Stirone, 206 A.2d 624, 626-27 (Pa. 1965) (finding one attempting to benefit from the commission of a felony ― extortion ― should be barred from recovery, but distinguishing convictions of minor matters such as traffic tickets and “major criminal convictions”); Pennsylvania Turnpike Commission v. United States Fidelity and Guaranty Company, 194 A.2d 423, 427 (Pa. 1963) (determining that Turnpike Commissioner’s conviction for conspiracy to defraud the Commission and for misbehavior in office relating 9 The United States Supreme Court has also adopted the broad principle of the uncle

11
Pennsylvania Turnpike Commission v. United States Fidelity & Guaranty Co.green
pa · 1963 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023See Hurtt v. Stirone, 206 A.2d 624, 626-27 (Pa. 1965) (finding one attempting to benefit from the commission of a felony ― extortion ― should be barred from recovery, but distinguishing convictions of minor matters such as traffic tickets and “major criminal convictions”); Pennsylvania Turnpike Commission v. United States Fidelity and Guaranty Company, 194 A.2d 423, 427 (Pa. 1963) (determining that Turnpike Commissioner’s conviction for conspiracy to defraud the Commission and for misbehavior in office relating 9 The United States Supreme Court has also adopted the broad principle of the uncle

11
Commonwealth v. Petersongreen
pa · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See Commonwealth v. Peterson, 192 A.3d 1123, 1130 (Pa. 2018) (citing Commonwealth v. Bennett, 930 A.2d 1264, 1273 (Pa. 2007)).

11
Commonwealth v. Bennettgreen
pa · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See Commonwealth v. Peterson, 192 A.3d 1123, 1130 (Pa. 2018) (citing Commonwealth v. Bennett, 930 A.2d 1264, 1273 (Pa. 2007)).

11
Edwards v. National Audubon Society, Inc.green
ca2 · 1977 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
2 sentences

2004See Edwards v. National Audubon Socy., Inc., 556 F.2d 113 (2d.

2004See Edwards v. National Audubon Socy., Inc., 556 F.2d 113 (2d.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Robinson Township v. Commonwealth green
pa · 2013
2 sentences

2024Nevertheless, whatever may be the current contours of this doctrine utilized by federal courts, it is well-established in our jurisprudence that “notions of case or controversy and justiciability in Pennsylvania have no constitutional predicate, do not involve a court’s jurisdiction, and are regarded instead as prudential concerns implicating courts’ self-imposed limitations.” Robinson Township, 83 A.3d at 917 .

2024Nevertheless, whatever may be the current contours of this doctrine utilized by federal courts, it is well-established in our jurisprudence that “notions of case or controversy and justiciability in Pennsylvania have no constitutional predicate, do not involve a court’s jurisdiction, and are regarded instead as prudential concerns implicating courts’ self-imposed limitations.” Robinson Township, 83 A.3d at 917 .

32024–2024
Commonwealth v. Bomar green
pa · 2003
2 sentences

2018E.g., [Com111om11ealth v. Bomar, 573 Pa. 426 , 826 A.2d 831 , 855 n. 19 (2003), cert. denied, 540 US.

2018E.g., [Com111om11ealth v. Bomar, 573 Pa. 426 , 826 A.2d 831 , 855 n. 19 (2003), cert. denied, 540 US.

22010–2018
Commonwealth v. Garvin green
pa · 1972
1 sentence

2019Thereafter, in Garvin, supra, our Court was confronted with the question of whether an identification that was the result of an illegal arrest was tainted by that illegality.

12019–2019
Gilbert v. California green
scotus · 1967
2 sentences

2019Expressing that the contours of the doctrine were based upon a balancing of considerations, the Court further opined that "in the absence of legislative regulations adequate to avoid the hazards to a fair trial which inhere in lineups as presently conducted, the desirability of deterring the constitutionally objectionable practice must prevail over the undesirability of excluding relevant evidence." Id. at 273 , 87 S.Ct. 1951 .

2019Expressing that the contours of the doctrine were based upon a balancing of considerations, the Court further opined that "in the absence of legislative regulations adequate to avoid the hazards to a fair trial which inhere in lineups as presently conducted, the desirability of deterring the constitutionally objectionable practice must prevail over the undesirability of excluding relevant evidence." Id. at 273 , 87 S.Ct. 1951 .

12019–2019
Birchfield v. N. Dakota. William Robert Bernard green
scotus · 2016
1 sentence

2019By way of background, because DUI laws generally prohibit the operation of a motor vehicle with a BAC over a specified level, and because the acquisition of BAC evidence necessitates testing procedures with which a motorist’s cooperation is either required or highly preferred, states all have adopted “implied consent” laws in order to “find a way of securing such cooperation.” Birchfield, 136 S.Ct. at 2168 .

12019–2019
Adams v. Schriro green
scotus · 2004
1 sentence

2010E.g., [Commonwealth v. Bomar, 573 Pa. 426 , 826 A.2d 831 , 855 n. 19 (2003), cert. denied, 540 U.S. 1115 , 124 S.Ct. 1053 , 157 L.Ed.2d 906 (2003) ].

12010–2010
Marian v. California green
scotus · 2004
1 sentence

2010E.g., [Commonwealth v. Bomar, 573 Pa. 426 , 826 A.2d 831 , 855 n. 19 (2003), cert. denied, 540 U.S. 1115 , 124 S.Ct. 1053 , 157 L.Ed.2d 906 (2003) ].

12010–2010
Harley v. McMaster green
scotus · 2004
1 sentence

2010E.g., [Commonwealth v. Bomar, 573 Pa. 426 , 826 A.2d 831 , 855 n. 19 (2003), cert. denied, 540 U.S. 1115 , 124 S.Ct. 1053 , 157 L.Ed.2d 906 (2003) ].

12010–2010
Borough of Green Tree v. Board of Property Assessments, Appeals & Review green
pa · 1974
2 sentences

2006Borough of Green Tree, 459 Pa. at 281 , 328 A.2d at 825 .

2006Borough of Green Tree, 459 Pa. at 281 , 328 A.2d at 825 .

12006–2006
Saffle v. Parks green
scotus · 1990
2 sentences

2004While the United States Supreme Court has acknowledged the difficulty in denoting the contours of this exception, see Saffle, 494 U.S. at 495 , 110 S.Ct. at 1264 , as explained in Attica , a watershed rule affects a large class of cases and, 18 thus far, only one rule has been identified as meeting such criteria, namely, the right to counsel.

2004While the United States Supreme Court has acknowledged the difficulty in denoting the contours of this exception, see Saffle, 494 U.S. at 495 , 110 S.Ct. at 1264 , as explained in Attica , a watershed rule affects a large class of cases and, 18 thus far, only one rule has been identified as meeting such criteria, namely, the right to counsel.

12004–2004
Feres v. United States green
scotus · 1950
2 sentences

1986More recent suits against the United States Government and its contractors and suppliers have concerned servicemen injured by military equipment, forcing a development in the contours of the defense in light of Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950) and Stencel Aero Engineering Corp. v. United States, 431 U.S. 666 , 97 S.Ct. 2054 , 52 L.Ed.2d 665 (1977).

1986More recent suits against the United States Government and its contractors and suppliers have concerned servicemen injured by military equipment, forcing a development in the contours of the defense in light of Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950) and Stencel Aero Engineering Corp. v. United States, 431 U.S. 666 , 97 S.Ct. 2054 , 52 L.Ed.2d 665 (1977).

11986–1986
Stencel Aero Engineering Corp. v. United States green
scotus · 1977
2 sentences

1986More recent suits against the United States Government and its contractors and suppliers have concerned servicemen injured by military equipment, forcing a development in the contours of the defense in light of Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950) and Stencel Aero Engineering Corp. v. United States, 431 U.S. 666 , 97 S.Ct. 2054 , 52 L.Ed.2d 665 (1977).

1986More recent suits against the United States Government and its contractors and suppliers have concerned servicemen injured by military equipment, forcing a development in the contours of the defense in light of Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950) and Stencel Aero Engineering Corp. v. United States, 431 U.S. 666 , 97 S.Ct. 2054 , 52 L.Ed.2d 665 (1977).

11986–1986

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 7541 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

KS 55 (2005–2024) CT 42 (1991–2026) CA 18 (1973–2026) NJ 16 (1975–2025) PA 15 (1986–2024) TX 11 (1999–2020) IL 10 (1991–2025) OR 9 (1987–2022) UT 9 (1999–2026) MD 9 (1985–2015) MI 8 (2014–2024) IA 7 (2014–2021) AZ 5 (2002–2014) CO 5 (1988–2024) AK 5 (1970–2024) VA 5 (1989–2024) MO 4 (1980–2019) WV 4 (1988–2016) WI 4 (2011–2023) NM 4 (1997–2021) LA 4 (2016–2024) FL 3 (2010–2025) WY 3 (1982–2007) TN 3 (2001–2010) ME 3 (2016–2024) MA 3 (2000–2015) NH 3 (2010–2023) MS 2 (1976–1991) KY 2 (2014–2024) MN 2 (2014–2024) SC 2 (2023–2024) NY 2 (2018–2025) DC 2 (2017–2017) AR 2 (2004–2006) GA 2 (1988–2002) NC 2 (2015–2026) OH 2 (2007–2026) VT 2 (2000–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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