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9 Pennsylvania opinions name it 3 courts 1982–2017 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.
| Case | Followed | Cited |
|---|---|---|
United States v. Wardgreen2 sentences2003Although “neither exhaustive nor dispositive,” this list of factors has proved helpful in considering whether a civil, remedial mechanism “nevertheless provide[s] for sanctions so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty.” United States v. Ward, 448 U.S. at 249 , 100 S.Ct. at 2641 (internal quotation marks omitted); see Smith, 538 U.S. at 92 , 123 S.Ct. at 1147 ; Commonwealth v. McGee, 560 Pa. 324, 329 , 744 A.2d 754, 757 (2000) (stating that the Mendoza-Martinez factors are “useful guideposts” in determining whether prison disciplinary confi 2003Although “neither exhaustive nor dispositive,” this list of factors has proved helpful in considering whether a civil, remedial mechanism “nevertheless provide[s] for sanctions so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty.” United States v. Ward, 448 U.S. at 249 , 100 S.Ct. at 2641 (internal quotation marks omitted); see Smith, 538 U.S. at 92 , 123 S.Ct. at 1147 ; Commonwealth v. McGee, 560 Pa. 324, 329 , 744 A.2d 754, 757 (2000) (stating that the Mendoza-Martinez factors are “useful guideposts” in determining whether prison disciplinary confi | 1 | 1 |
Smith v. Doegreen2 sentences2003Although “neither exhaustive nor dispositive,” this list of factors has proved helpful in considering whether a civil, remedial mechanism “nevertheless provide[s] for sanctions so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty.” United States v. Ward, 448 U.S. at 249 , 100 S.Ct. at 2641 (internal quotation marks omitted); see Smith, 538 U.S. at 92 , 123 S.Ct. at 1147 ; Commonwealth v. McGee, 560 Pa. 324, 329 , 744 A.2d 754, 757 (2000) (stating that the Mendoza-Martinez factors are “useful guideposts” in determining whether prison disciplinary confi 2003Although “neither exhaustive nor dispositive,” this list of factors has proved helpful in considering whether a civil, remedial mechanism “nevertheless provide[s] for sanctions so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty.” United States v. Ward, 448 U.S. at 249 , 100 S.Ct. at 2641 (internal quotation marks omitted); see Smith, 538 U.S. at 92 , 123 S.Ct. at 1147 ; Commonwealth v. McGee, 560 Pa. 324, 329 , 744 A.2d 754, 757 (2000) (stating that the Mendoza-Martinez factors are “useful guideposts” in determining whether prison disciplinary confi | 1 | 1 |
Commonwealth v. Wingait Farmsgreen2 sentences2003Although “neither exhaustive nor dispositive,” this list of factors has proved helpful in considering whether a civil, remedial mechanism “nevertheless provide[s] for sanctions so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty.” United States v. Ward, 448 U.S. at 249 , 100 S.Ct. at 2641 (internal quotation marks omitted); see Smith, 538 U.S. at 92 , 123 S.Ct. at 1147 ; Commonwealth v. McGee, 560 Pa. 324, 329 , 744 A.2d 754, 757 (2000) (stating that the Mendoza-Martinez factors are “useful guideposts” in determining whether prison disciplinary confi 2003Although “neither exhaustive nor dispositive,” this list of factors has proved helpful in considering whether a civil, remedial mechanism “nevertheless provide[s] for sanctions so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty.” United States v. Ward, 448 U.S. at 249 , 100 S.Ct. at 2641 (internal quotation marks omitted); see Smith, 538 U.S. at 92 , 123 S.Ct. at 1147 ; Commonwealth v. McGee, 560 Pa. 324, 329 , 744 A.2d 754, 757 (2000) (stating that the Mendoza-Martinez factors are “useful guideposts” in determining whether prison disciplinary confi | 1 | 1 |
Commonwealth v. McGeegreen2 sentences2003Although “neither exhaustive nor dispositive,” this list of factors has proved helpful in considering whether a civil, remedial mechanism “nevertheless provide[s] for sanctions so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty.” United States v. Ward, 448 U.S. at 249 , 100 S.Ct. at 2641 (internal quotation marks omitted); see Smith, 538 U.S. at 92 , 123 S.Ct. at 1147 ; Commonwealth v. McGee, 560 Pa. 324, 329 , 744 A.2d 754, 757 (2000) (stating that the Mendoza-Martinez factors are “useful guideposts” in determining whether prison disciplinary confi 2003Although “neither exhaustive nor dispositive,” this list of factors has proved helpful in considering whether a civil, remedial mechanism “nevertheless provide[s] for sanctions so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty.” United States v. Ward, 448 U.S. at 249 , 100 S.Ct. at 2641 (internal quotation marks omitted); see Smith, 538 U.S. at 92 , 123 S.Ct. at 1147 ; Commonwealth v. McGee, 560 Pa. 324, 329 , 744 A.2d 754, 757 (2000) (stating that the Mendoza-Martinez factors are “useful guideposts” in determining whether prison disciplinary confi | 1 | 1 |
Commonwealth v. Williamsgreen2 sentences1992Id. at 28 (emphasis in original). 1992Id. at 28 (emphasis in original). | 1 | 1 |
Commonwealth v. Williamsgreen2 sentences1989The latter point is expressed in our Michael Williams opinion as "how many evils are present in a given criminal act." Id. 514 Pa. at 125 , 522 A.2d 1095, 1101 (1987), and in Superior Court's Commonwealth v. Leon Williams, 344 Pa.Super. 108, 143 , 496 A.2d 31, 50 (1985) as: [C]ourts should remember that the test is a flexible, fact-based tool for determining how many offenses against the Commonwealth have actually been committed. 1989The latter point is expressed in our Michael Williams opinion as "how many evils are present in a given criminal act." Id. 514 Pa. at 125 , 522 A.2d 1095, 1101 (1987), and in Superior Court's Commonwealth v. Leon Williams, 344 Pa.Super. 108, 143 , 496 A.2d 31, 50 (1985) as: [C]ourts should remember that the test is a flexible, fact-based tool for determining how many offenses against the Commonwealth have actually been committed. | 1 | 1 |
Commonwealth v. Williamsgreen2 sentences1989The latter point is expressed in our Michael Williams opinion as "how many evils are present in a given criminal act." Id. 514 Pa. at 125 , 522 A.2d 1095, 1101 (1987), and in Superior Court's Commonwealth v. Leon Williams, 344 Pa.Super. 108, 143 , 496 A.2d 31, 50 (1985) as: [C]ourts should remember that the test is a flexible, fact-based tool for determining how many offenses against the Commonwealth have actually been committed. 1989The latter point is expressed in our Michael Williams opinion as "how many evils are present in a given criminal act." Id. 514 Pa. at 125 , 522 A.2d 1095, 1101 (1987), and in Superior Court's Commonwealth v. Leon Williams, 344 Pa.Super. 108, 143 , 496 A.2d 31, 50 (1985) as: [C]ourts should remember that the test is a flexible, fact-based tool for determining how many offenses against the Commonwealth have actually been committed. | 1 | 1 |
United States v. John Louis Iron Shell, Jr.green2 sentences1986See United States v. Iron Shell, 633 F.2d 77 (8th Cir. 1980). 1986See United States v. Iron Shell, 633 F.2d 77 (8th Cir.1980). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Southeastern Pennsylvania Transportation Authority v. City of Philadelphia
green
2 sentences2017Otherwise, the inclusion of a sovereign immunity provision in an entity’s enabling statute would always give the entity priority over a local authority as to any type of local regulation, an outcome this Court expressly rejected in SEPTA III, 101 A.3d at 89 n.13 (“[W]hen presented with two competing absolutes—here sovereign immunity and the authority of Philadelphia to enforce its ordinance, we employ the tools of statutory construction and interpretation to resolve the conflict.”). 2017Otherwise, the inclusion of a sovereign immunity provision in an entity‟s enabling statute would always give the entity priority over a local authority as to any type of local regulation, an outcome this Court expressly rejected in SEPTA III. 101 A.3d at 89 n.13 (“[W]hen presented with two competing absolutes— here sovereign immunity and the authority of Philadelphia to enforce its ordinance, we employ the tools of statutory construction and interpretation to resolve the conflict.”). | 2 | 2017–2017 |
Brennan v. Brennan
green
1 sentence2007Similarly, in Brennan, 422 A.2d at 517 , a child custody case, this Court initially addressed whether attorney-client privilege could operate to preclude a court from compelling an attorney to disclose his Ghent’s address when the client had specifically requested confidentiality with respect to that information. | 1 | 2007–2007 |
Commonwealth v. Williams
green
1 sentence2005Williams II , 832 A.2d at 972 . | 1 | 2005–2005 |
Kennedy v. Mendoza-Martinez
green
1 sentence2005Having found the legislature intended the law to be civil and remedial, the court moved on to the second stage of analysis, which involves examining the factors identified by the Supreme Court in its seminal Kennedy v. Mendoza-Martinez, 372 U.S. 144 (1963), decision. | 1 | 2005–2005 |
In the Interest of K. B.
green
2 sentences1982Even a child who has been adjudicated dependent may not be separated from its parents unless the evidence presented establishes that such a separation is "clearly necessary." Furthermore, "clear necessity for removal is not shown until the hearing court determines that alternative services that would enable the child to remain with [his or her] family are unfeasible." In The Interest of K.B., supra, 276 Pa.Super. at 393 , 419 A.2d at 515 . 1982Even a child who has been adjudicated dependent may not be separated from its parents unless the evidence presented establishes that such a separation is "clearly necessary." Furthermore, "clear necessity for removal is not shown until the hearing court determines that alternative services that would enable the child to remain with [his or her] family are unfeasible." In The Interest of K.B., supra, 276 Pa.Super. at 393 , 419 A.2d at 515 . | 1 | 1982–1982 |
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.