charter warning (Pennsylvania) · Go Syfert
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charter warning in Pennsylvania

9 Pennsylvania opinions name it 4 courts 1904–2019 0 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 (4)

CaseFollowedCited
Garrity v. New Jerseygreen
scotus · 1967 · cited in 2 Pennsylvania opinions naming this issue, 1975–1981
2 sentences

1981If the Charter warning coerces a waiver of Miranda rights the policy behind Miranda is circumvented unless all statements made as a result of this waiver are suppressed. *393 The landmark United States Supreme Court case addressing waivers coerced by economic sanctions is Garrity v. New Jersey, 385 U.S. 493 , 87 S.Ct. 616 , 17 L.Ed.2d 562 (1967).

1981If the Charter warning coerces a waiver of Miranda rights the policy behind Miranda is circumvented unless all statements made as a result of this waiver are suppressed. *393 The landmark United States Supreme Court case addressing waivers coerced by economic sanctions is Garrity v. New Jersey, 385 U.S. 493 , 87 S.Ct. 616 , 17 L.Ed.2d 562 (1967).

12
Gardner v. Broderickgreen
scotus · 1968 · cited in 1 Pennsylvania opinions naming this issue, 1978–1978
1 sentence

1978See Gardner, supra. This view is in accord with a recent decision of the Superior Court in Commonwealth v. Kelly, 245 Pa. Superior Ct. 351 , 369 A.2d 438 (1976).

11
Commonwealth v. Kellygreen
pasuperct · 1976 · cited in 1 Pennsylvania opinions naming this issue, 1978–1978
2 sentences

1978See Gardner, supra. This view is in accord with a recent decision of the Superior Court in Commonwealth v. Kelly, 245 Pa. Superior Ct. 351 , 369 A.2d 438 (1976).

1978See Gardner, supra. This view is in accord with a recent decision of the Superior Court in Commonwealth v. Kelly, 245 Pa. Superior Ct. 351 , 369 A.2d 438 (1976).

11
Lennox v. Clarkgreen
pa · 1953 · cited in 1 Pennsylvania opinions naming this issue, 1954–1954
1 sentence

1954In Lennox v. Clark, 372 Pa. 355, 365, 368 , it was held: “On January 7, 1952, therefore, all city officers and employes became immediately subject to these provisions of the Charter, except that the former county employes were afforded by section A-104 of the Charter the privilege of taking a qualifying test to satisfy civil service requirements.” The city has filed a “supplemental answer” without leave of court or without the consent of opposing counsel.

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 (5)

CaseCitedYears
Med-Mar, Inc. v. DILWORTH green
pasuperct · 1969
1 sentence

2019Tnc. v. Dilworth, 257 A.2d 910 (Pa. Super. 1969). 5 2: Charter's claim for Charlan' s share of the excess lmprov ement Cos ls is timely. 53.

12019–2019
Brackbill v. Ron Brown Charter School green
pacommwct · 2001
1 sentence

2006Id. at 139 n. 8.

12006–2006
Commonwealth v. Cabell green
pasuperct · 1962
2 sentences

1984Commonwealth v. Cabell, 199 Pa.Super. 513 , 185 A.2d 611 (1962) (since Section 10-109 makes violation of Section 10-108 a misdemeanor, violation must be prosecuted by indictment in quarter sessions court; "[w]hether a municipal charter comes into being by direct statutory grant of the legislature or by adoption by the constituent electorate . . ., it is as much legislative in the one instance as in the other and has equal legal force and standing in both").

1984Commonwealth v. Cabell, 199 Pa.Super. 513 , 185 A.2d 611 (1962) (since Section 10-109 makes violation of Section 10-108 a misdemeanor, violation must be prosecuted by indictment in quarter sessions court; "[w]hether a municipal charter comes into being by direct statutory grant of the legislature or by adoption by the constituent electorate . . ., it is as much legislative in the one instance as in the other and has equal legal force and standing in both").

11984–1984
Johnston v. Commonwealth green
pa · 1853
1 sentence

1927This same principle is announced in Johnston v. Com., 22 Pa. 102 .

11927–1927
Louisiana State Lottery Co. v. Fitzpatrick green
circtdla · 1879
1 sentence

1904In State Lottery Co. v. Fitzpatrick, 3 Woods, 222 (1879), an injunction was sought to prevent officers of the state from enforcing an act taking away a charter in violation of the obligation of contract.

11904–1904

Where else courts name it

CA 21 (1907–2021) NY 12 (1903–2009) PA 9 (1904–2019) MI 8 (1887–2023) TX 7 (1915–2009) DE 6 (1938–2015) OH 6 (1907–2021) OR 5 (1918–2020) IL 5 (1865–2007) TN 4 (1909–1992) FL 4 (1932–1971) MO 4 (1921–1993) WA 4 (1898–1972) CO 3 (1917–1960) HI 2 (1920–2008) NJ 2 (1898–1901) MN 2 (1911–1976) MT 2 (2023–2026) NE 2 (1909–2016) GA 2 (1946–1981) CT 2 (1924–1998) AZ 2 (1951–1976)

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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