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9 Pennsylvania opinions name it 3 courts 1907–2023 1 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.
| Case | Followed | Cited |
|---|---|---|
First Judicial District of Pennsylvania v. Pennsylvania Human Relations Commissiongreen2 sentences2012Counts VII — Violation of Separation of Powers — Commission Under the Separation of Powers doctrine, “Neither the legislative branch nor the executive branch of government acting through an administrative agency may constitutionally infringe on this judicial prerogative.” First Judicial Dist. of Pa. v. Pennsylvania Human Relations Comm’n, 556 Pa. 258, 262 , 727 A.2d 1110, 1112 (1999). 2012Counts VII — Violation of Separation of Powers — Commission Under the Separation of Powers doctrine, “Neither the legislative branch nor the executive branch of government acting through an administrative agency may constitutionally infringe on this judicial prerogative.” First Judicial Dist. of Pa. v. Pennsylvania Human Relations Comm’n, 556 Pa. 258, 262 , 727 A.2d 1110, 1112 (1999). | 1 | 1 |
City of Scranton v. E. B. Jermyn Lodge No. 2 of the Fraternal Order of Policegreen1 sentence2007City of Scranton, 903 A.2d at 134-35 (citation and footnote omitted) (emphasis added). | 1 | 1 |
Borough of Nazareth v. Nazareth Borough Police Ass'ngreen2 sentences2006See generally Borough of Nazareth v. Nazareth Borough Police Association, 545 Pa. 85 , 680 A.2d 830 (1996); Pennsylvania State Police v. Pennsylvania State Troopers’ Association, 540 Pa. 66 , 656 A.2d 83 (1995). 2006See generally Borough of Nazareth v. Nazareth Borough Police Association, 545 Pa. 85 , 680 A.2d 830 (1996); Pennsylvania State Police v. Pennsylvania State Troopers’ Association, 540 Pa. 66 , 656 A.2d 83 (1995). | 1 | 1 |
Commonwealth v. Morrisgreen2 sentences2002The separation of powers doctrine is based upon the recognition that the powers of the judicial, legislative and executive branches of government are “coequal and distinct” from one another and “as such should be kept separate, distinct and independent of one another.” Commonwealth v. Morris, 565 Pa. 1, 26-27 , 771 A.2d 721, 736 (2001). 2002The separation of powers doctrine is based upon the recognition that the powers of the judicial, legislative and executive branches of government are “coequal and distinct” from one another and “as such should be kept separate, distinct and independent of one another.” Commonwealth v. Morris, 565 Pa. 1, 26-27 , 771 A.2d 721, 736 (2001). | 1 | 1 |
Commonwealth v. Boldengreen2 sentences2001See Commonwealth v. Bolden, 562 Pa. 94 , 753 A.2d 793 (2000)(counsel not ineffective for failing to call witnesses if counsel was neither informed of their existence nor should have known of their existence); Commonwealth v. Rollins, 558 Pa. 532 , 738 A.2d 435 (1999)(counsel not ineffective for failing to produce mitigating evidence related to an alleged mental infirmity where there is no indication that counsel had any reason to know that the defendant might have, a mental problem). 2001See Commonwealth v. Bolden, 562 Pa. 94 , 753 A.2d 793 (2000)(counsel not ineffective for failing to call witnesses if counsel was neither informed of their existence nor should have known of their existence); Commonwealth v. Rollins, 558 Pa. 532 , 738 A.2d 435 (1999)(counsel not ineffective for failing to produce mitigating evidence related to an alleged mental infirmity where there is no indication that counsel had any reason to know that the defendant might have, a mental problem). | 1 | 1 |
Commonwealth v. Jubelirergreen1 sentence1993See Department of Environmental Resources v. Jubelirer, 130 Pa.Commonwealth Ct. 124, 567 A.2d 741 (1989), vacated, appeal dismissed, 531 Pa. 472 , 614 A.2d 204 (1992) (Raising the question of whether the IRRC, as a legislative agency, usurped the powers of the executive, violating the separate of powers doctrine. | 1 | 1 |
COM. DEPT. OF ENV. RES. v. Jubelirergreen2 sentences1993See Department of Environmental Resources v. Jubelirer, 130 Pa.Commonwealth Ct. 124, 567 A.2d 741 (1989), vacated, appeal dismissed, 531 Pa. 472 , 614 A.2d 204 (1992) (Raising the question of whether the IRRC, as a legislative agency, usurped the powers of the executive, violating the separate of powers doctrine. 1993See Department of Environmental Resources v. Jubelirer, 130 Pa.Commonwealth Ct. 124, 567 A.2d 741 (1989), vacated, appeal dismissed, 531 Pa. 472 , 614 A.2d 204 (1992) (Raising the question of whether the IRRC, as a legislative agency, usurped the powers of the executive, violating the separate of powers doctrine. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Mockaitis
green
1 sentence2023Trial, 12/6/21, at 13. 10 In Mockaitis, our Supreme Court found unconstitutional Act 63 on the grounds that it violated the Separation of Powers doctrine because it delegated to the courts the responsibility to determine whether and when repeat DUI offenders are entitled to conditional restoration of their operating privileges, which is a function of the executive branch of government. 834 A.2d at 503 . | 1 | 2023–2023 |
Pennsylvania State Police v. Pennsylvania State Troopers' Ass'n
green
2 sentences2006See generally Borough of Nazareth v. Nazareth Borough Police Association, 545 Pa. 85 , 680 A.2d 830 (1996); Pennsylvania State Police v. Pennsylvania State Troopers’ Association, 540 Pa. 66 , 656 A.2d 83 (1995). 2006See generally Borough of Nazareth v. Nazareth Borough Police Association, 545 Pa. 85 , 680 A.2d 830 (1996); Pennsylvania State Police v. Pennsylvania State Troopers’ Association, 540 Pa. 66 , 656 A.2d 83 (1995). | 1 | 2006–2006 |
Commonwealth v. Rollins
green
2 sentences2001See Commonwealth v. Bolden, 562 Pa. 94 , 753 A.2d 793 (2000)(counsel not ineffective for failing to call witnesses if counsel was neither informed of their existence nor should have known of their existence); Commonwealth v. Rollins, 558 Pa. 532 , 738 A.2d 435 (1999)(counsel not ineffective for failing to produce mitigating evidence related to an alleged mental infirmity where there is no indication that counsel had any reason to know that the defendant might have, a mental problem). 2001See Commonwealth v. Bolden, 562 Pa. 94 , 753 A.2d 793 (2000)(counsel not ineffective for failing to call witnesses if counsel was neither informed of their existence nor should have known of their existence); Commonwealth v. Rollins, 558 Pa. 532 , 738 A.2d 435 (1999)(counsel not ineffective for failing to produce mitigating evidence related to an alleged mental infirmity where there is no indication that counsel had any reason to know that the defendant might have, a mental problem). | 1 | 2001–2001 |
Northwestern Institute of Psychiatry v. Commonwealth
green
2 sentences1986Northwestern Institute of Psychiatry v. Department of Public Welfare, 99 Pa. Commonwealth Ct. 213 , 513 A.2d 495 (1986). 3 And, as the finder of feet, it is the Director, not the examiner, who possesses the authority to file an order, which may be final, subject only to an application for rehearing or reconsideration. 1986Northwestern Institute of Psychiatry v. Department of Public Welfare, 99 Pa. Commonwealth Ct. 213 , 513 A.2d 495 (1986). 3 And, as the finder of feet, it is the Director, not the examiner, who possesses the authority to file an order, which may be final, subject only to an application for rehearing or reconsideration. | 1 | 1986–1986 |
Windsor Glass Co. v. Carnegie Co.
neutral
1 sentence1907The inquiry is limited to the nature and extent of the franchises prima facie conferred by the charter and does not extend to the validity of the charter itself: ” Per Mitchell, J., in Windsor Glass Co. v. Carnegie Co., 204 Pa. 459 ; Phila. & Merion Ry. | 1 | 1907–1907 |
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.