1999 Pa. Super. 16 - Martinez v. Baxter’s Empirical Analysis
1999
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently August 2018
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Feingold v. Bell of Pennsylvania · Firing v. Kephart · Bower v. Bower · Pennsylvania Liquor Control Board v. Rapistan, Inc. · Baker v. Brennan
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“§ 5312. When parents’ marriage is dissolved or parents are separated In all proceedings for dissolution, subsequent to the commencement of the proceeding and continuing thereafter or when parents have been separated for six months or more, the court may, upon application of the parent or grandparent of a party, grant reasonable partial custody or visitation rights, or both, to the unmarried child if it finds that visitation rights or partial custody, or both, would be in the best interest of the child and would not interfere with the parent-child relationship. The court shall consider the amount of personal contact between the parents or grandparents of the party and the child prior to the application.”
5 later decisions quote this exact passage“Preliminary objections, the end result of which would be dismissal of a cause of action, should be sustained only in cases that are clear and free from doubt. The test on preliminary objections is whether it is clear and free from doubt from all of the facts pleaded that the pleader will be unable to prove facts legally sufficient to establish his right to relief. To determine whether preliminary objections have been properly sustained, this Court must consider as true all of the well-pleaded material facts set forth in appellant’s complaint and all reasonable inferences that may be drawn from those facts.”
2 later decisions quote this exact passage“[legislative intent in enacting [23 Pa.C.S. § 5313] is obviously to provide a basis and procedure for grandparent to obtain physical and legal custody of a grandchild in the unfortunate circumstances confronting many grandparents today: when their own children or individuals in their children’s households are abusive or neglectful to their grandchildren, whether due to alcohol or substance abuse or mental illnesses resulting in therefrom. Martinez v. Baxter, 725 A.2d at 778 .”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.