People v. Fitzgerald’s Empirical Analysis

Citation profile

12 federal appellate · 4 district · 28 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““courts cannot shield themselves behind such a ‘tendency’ and disregard all such situations where the foundation of certain basic relationships, such as those between family members may be threatened.””

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Grand Jury Proceedings (Sealed) · 553 F. Supp. 1298 - In Re Grand Jury Proceedings Witness Agosto

2. “While it is true that the “fostering of a confidential parent-child relationship is necessary to the child’s development of a positive system of values” ... it does not follow that this fundamental relationship can arbitrarily be said by the State to cease at the stroke of midnight on the last day of the child’s seventeenth year. The parent-child relationship of mutual trust, respect and confidence, if it exists at all in the individual case, is one that should be fostered throughout the life of the parties. Indeed, in many cases the closeness of the family unit may well increase as the child becomes an adult and realizes that the advice, encouragement and training by the parents had value and merit then and equal substance in later years. While the “minor” of seventeen years and the parent of forty may often be in disagreement on the values and lessons of life, the “adult” of twenty-seven and the parent of fifty may well have enjoyed a resurgence of common values, ideals and mutual trust and respect for one another, (emphasis added).”

   1 later decision quote this exact passage · from the majority
   e.g. 553 F. Supp. 1298 - In Re Grand Jury Proceedings Witness Agosto

3. “Not only do logical, ethical and moral considerations mandate the extension of such a fundamental right beyond any arbitrary age, but if, as this Court believes, such a parent-child privilege flows from the constitutional right to privacy inherent in such a relationship, the State is forbidden under law to create such an artificial barrier as age to limit that right to certain persons only, due to the ongoing nature of such a relationship.... No other previously recognized privilege has as its basis a necessity of meeting a maximum or minimum age. It is the nature of the relationship and the nature of the communication which govern.”

   1 later decision quote this exact passage · from the majority
   e.g. 553 F. Supp. 1298 - In Re Grand Jury Proceedings Witness Agosto