ordinarily indispensable hearing (Pennsylvania) · Go Syfert
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ordinarily indispensable hearing in Pennsylvania

6 Pennsylvania opinions name it 2 courts 1978–2023 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.

Followed or applied (3)

CaseFollowedCited
Cooke v. United Statesgreen
scotus · 1925 · cited in 3 Pennsylvania opinions naming this issue, 1978–2023
2 sentences

1978Punishment without issue or trial was so contrary to the usual and ordinarily indispensable hearing before judgment constituting due process that the assumption that the court saw everything that went on in open court was required to justify the exception; but the need for immediate penal vindication of the dignity of the court created it.” Cooke v. United States, 267 U.S. 517, 536 , 45 S.Ct. 390, 394 , 69 L.Ed. 767, 773-74 (1925).

1978Punishment without issue or trial was so contrary to the usual and ordinarily indispensable hearing before judgment constituting due process that the assumption that the court saw everything that went on in open court was required to justify the exception; but the need for immediate penal vindication of the dignity of the court created it.” Cooke v. United States, 267 U.S. 517, 536 , 45 S.Ct. 390, 394 , 69 L.Ed. 767, 773-74 (1925).

23
Offutt v. United Statesgreen
scotus · 1954 · cited in 2 Pennsylvania opinions naming this issue, 1978–1980
2 sentences

1980Thus, with due regard to the traditional notions of due process, it is nevertheless recognized thát an ordered system of justice “require[s] such a summary dealing . [as] a mode of vindicating the majesty of law, in its active manifestation, against obstruction and outrage [to it,]. ...” Offutt v. United States, 348 U.S. 11, 14 , 75 S.Ct. 11, 13 , 99 L.Ed. 11, 16 (1954).

1980Thus, with due regard to the traditional notions of due process, it is nevertheless recognized thát an ordered system of justice “require[s] such a summary dealing . [as] a mode of vindicating the majesty of law, in its active manifestation, against obstruction and outrage [to it,]. ...” Offutt v. United States, 348 U.S. 11, 14 , 75 S.Ct. 11, 13 , 99 L.Ed. 11, 16 (1954).

22
United States v. Wilsongreen
scotus · 1975 · cited in 1 Pennsylvania opinions naming this issue, 1978–1978
2 sentences

1978It is precisely because “the necessities of the administration of justice require such summary dealing . [as] a mode of vindicating the majesty of law, in its active manifestation, against obstruction and outrage to it,” Offutt v. United States, 348 U.S. 11, 14 , 75 S.Ct. 11, 13 , 99 L.Ed. 11, 16 (1954), that the summary contempt power has been upheld against due process attacks, see, e. g., Cooke v. United States, supra, 267 U.S. at 534 , 45 S.Ct. 390 , 69 L.Ed. at 773 ; Ex parte Terry, 128 U.S. 289 , 9 S.Ct. 77 , 32 L.Ed. 405 (1888), and we therefore decline to adopt appellant’s argument tha

1978It is precisely because “the necessities of the administration of justice require such summary dealing . [as] a mode of vindicating the majesty of law, in its active manifestation, against obstruction and outrage to it,” Offutt v. United States, 348 U.S. 11, 14 , 75 S.Ct. 11, 13 , 99 L.Ed. 11, 16 (1954), that the summary contempt power has been upheld against due process attacks, see, e. g., Cooke v. United States, supra, 267 U.S. at 534 , 45 S.Ct. 390 , 69 L.Ed. at 773 ; Ex parte Terry, 128 U.S. 289 , 9 S.Ct. 77 , 32 L.Ed. 405 (1888), and we therefore decline to adopt appellant’s argument tha

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 (3)

CaseCitedYears
Commonwealth v. Marcone green
pa · 1980
2 sentences

2023Id. [quoting Cooke v. United States, 267 U.S. 517 , 534, 536, 45 S.Ct. 390 (1925) (internal quotation marks omitted)].

2023Id. [quoting Cooke v. United States, 267 U.S. 517, 534, 536 , 45 S.Ct. 390 (1925) (internal quotation marks omitted)].

42015–2023
Anderson v. Dunn green
· 1821
2 sentences

1978It is precisely because “the necessities of the administration of justice require such summary dealing . [as] a mode of vindicating the majesty of law, in its active manifestation, against obstruction and outrage to it,” Offutt v. United States, 348 U.S. 11, 14 , 75 S.Ct. 11, 13 , 99 L.Ed. 11, 16 (1954), that the summary contempt power has been upheld against due process attacks, see, e. g., Cooke v. United States, supra, 267 U.S. at 534 , 45 S.Ct. 390 , 69 L.Ed. at 773 ; Ex parte Terry, 128 U.S. 289 , 9 S.Ct. 77 , 32 L.Ed. 405 (1888), and we therefore decline to adopt appellant’s argument tha

1978It is precisely because “the necessities of the administration of justice require such summary dealing . [as] a mode of vindicating the majesty of law, in its active manifestation, against obstruction and outrage to it,” Offutt v. United States, 348 U.S. 11, 14 , 75 S.Ct. 11, 13 , 99 L.Ed. 11, 16 (1954), that the summary contempt power has been upheld against due process attacks, see, e. g., Cooke v. United States, supra, 267 U.S. at 534 , 45 S.Ct. 390 , 69 L.Ed. at 773 ; Ex parte Terry, 128 U.S. 289 , 9 S.Ct. 77 , 32 L.Ed. 405 (1888), and we therefore decline to adopt appellant’s argument tha

11978–1978
Ex Parte Terry green
scotus · 1888
2 sentences

1978It is precisely because “the necessities of the administration of justice require such summary dealing . [as] a mode of vindicating the majesty of law, in its active manifestation, against obstruction and outrage to it,” Offutt v. United States, 348 U.S. 11, 14 , 75 S.Ct. 11, 13 , 99 L.Ed. 11, 16 (1954), that the summary contempt power has been upheld against due process attacks, see, e. g., Cooke v. United States, supra, 267 U.S. at 534 , 45 S.Ct. 390 , 69 L.Ed. at 773 ; Ex parte Terry, 128 U.S. 289 , 9 S.Ct. 77 , 32 L.Ed. 405 (1888), and we therefore decline to adopt appellant’s argument tha

1978It is precisely because “the necessities of the administration of justice require such summary dealing . [as] a mode of vindicating the majesty of law, in its active manifestation, against obstruction and outrage to it,” Offutt v. United States, 348 U.S. 11, 14 , 75 S.Ct. 11, 13 , 99 L.Ed. 11, 16 (1954), that the summary contempt power has been upheld against due process attacks, see, e. g., Cooke v. United States, supra, 267 U.S. at 534 , 45 S.Ct. 390 , 69 L.Ed. at 773 ; Ex parte Terry, 128 U.S. 289 , 9 S.Ct. 77 , 32 L.Ed. 405 (1888), and we therefore decline to adopt appellant’s argument tha

11978–1978

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 4132 (4)

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

PA 6 (1978–2023) VA 3 (2010–2026) TX 2 (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.

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