42 Pa. Cons. Stat. § 934
Writs of certiorari.
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§ 934. Writs of certiorari.
Unless and until changed by general rule, the judges of the courts of common pleas, within their respective judicial districts, shall have power, in addition to the right of appeal under section 9 of Article V of the Constitution of Pennsylvania, to issue writs of certiorari to the minor judiciary.
Cross References. Section 934 is referred to in section 102 of this title.
Notes of Decisions
Cited in 17
cases (1 in the last 5 years), 1985–2021 · leading case: Commonwealth v. Taylor
Commonwealth v. Taylor (2001)
“See 42 Pa.C.S. § 934; Pa. R.A.P. 311(d). In a fragmented memorandum opinion, the Superior Court reversed the suppression of the evidence.”
Commonwealth v. Boswell (1998)
“The Commonwealth appealed to the Court of Common Pleas by filing a Petition for a Writ of Certiorari pursuant to 42 Pa.C.S. § 934. The Court of Common Pleas denied the Commonwealth’s appeal, thereby affirming the suppression court’s Order on March 22, 1995.”
Commonwealth v. Fuchs (1988)
“The term includes an application for certiorari under 42 Pa.C.S. section 934 (writs of certiorari) or under any other provision of law.”
Commonwealth v. Oliver (2005)
“Section 934 of the Judicial Code, 42 Pa.C.S. § 934, provides that the judges of the courts of common pleas shall have the power to issue writs of certiorari to the minor judiciary only to consider questions of law.”
Elizabeth Forward School District v. Pennsylvania Labor Relations Board (1992)
“The term includes an application for certiorari under 42 Pa.C.S. § 934 (writs of certiorari) or under any other provision of law.”
Commonwealth v. Ash (1990)
“Section 934 of the Judicial Code, 42 Pa.C.S. § 934, provides that the judges of the court of common pleas shall have the power to issue writs of certiorari to the minor judiciary only to consider questions of law.”
Commonwealth v. Reese (1987)
“How, then, was the Commonwealth to exercise this right of appeal? *556 The Judicial Code, at 42 Pa.C.S. § 934, provides that “[u]nless and until changed by general rule, the judges of the courts of common pleas .”
Commonwealth v. Baker (1990)
“The term includes an application for certiorari under 42 Pa.C.S. § 934 (writs of certiorari) or under any other provision of law.”
In Re: Order Amending Rules 1005, 1006, and 1007 of the PA Rules of Criminal Procedure (2017)
“42 Pa.C.S. § 934 provides: Unless and until changed by general rule, the judges of the courts of common pleas, within their respective judicial districts, shall have power, in addition to the right of appeal under section 9 of Article V of the Constitution of Pennsylvania, to…”
In Re: Order Amending Rules 1005, 1006, and 1007 of the PA Rules of Criminal Procedure (2017)
“2 COMMENT: For the right to file a petition for a writ of certiorari to the court of common pleas, see Article V, Section 26 of the Pennsylvania Constitution, and the Judicial Code, 42 Pa.C.S. § 934. See also Commonwealth v.”
In Re: Order Amending Rule 462 and Revising the Comment to Rule 460 of Pa Rules of Criminal Procedure (2017)
“This Schedule section is still viable, and the substance of this Schedule section has also been included in the Judicial Code, 42 Pa.C.S. § 934. The abolition of certiorari continues with this rule.”
In Re: Order Amending Rules 102, 120, 121, 907, 1112, 1113, 1311, 1701, 2315, 2321, 2323, and Rescinding Rule 3304 of PA (2020)
“The term includes an application for certiorari under 42 Pa.C.S. § 934 (writs of [certiorari] certiorari) or under any other provision of law.”
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