dissenting.
I respectfully dissent for the reasons set out in my dissent to the prior majority opinion granting peremptory judgment in this matter. See Morganelli v. Casey, 538 Pa.Commonwealth Ct. 163, 641 A.2d 674 (1994). However, I wish to expand on the discussion of the Governor’s power of reprieve as it relates to this case.
Constitutionally, the Executive Branch possesses complete power over commutations, pardons and reprieves. Pa. Const, art. TV, § 9.1
The Governor’s delay in issuing a death warrant is an exercise of his reprieve power and the majority’s attempt to judicially set a time limit for the issuance of warrants under *583the Death Penalty Procedures Act is an unconstitutional interference with that power. This is best said by our Supreme Court:
‘In addition we do not believe that this Court can impinge upon the exclusive jurisdiction of the executive branch of the government in showing clemency. Action by the Board of Pardons is in accordance with constitutional provisions and in no way comes under the aegis of the courts. Indeed, were a court to review the conduct of a hearing before the Board of Pardons it would be a clear invasion by judicial direction of the immunity granted the executive branch of our government. Such is not consonant with our constitutional doctrine of separation of powers. Mississippi v. Johnson, 4 Wall. 475 (1866).’
Commonwealth ex rel. Cater v. Myers, 412 Pa. 67, 71, 194 A.2d 185, 187 (1963), cert. denied, 376 U.S. 933 (1963).
I would therefore grant the Governor’s motion to open the peremptory judgment.
. Article IV, section 9 of the Pennsylvania Constitution provides, in part, as follows:
(a) In all criminal cases except impeachment, the Governor shall have power to remit fines and forfeitures, to grant reprieves, commutation of sentences and pardons; but no pardon shall be granted, nor sentence commuted, except on the recommendation in writing of a majority of the Board of Pardons, after full hearing in open session, upon due public notice. The recommendation, with the reasons there*583for at length, shall be delivered to the Governor and a copy thereof shall be kept on file in the office of the Lieutenant Governor in a docket kept for that purpose.