Attkisson v. Usrey’s Empirical Analysis
1946
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently September 2004 · most notably 168 Ind. App. 563 - In the Matter of Adoption of Lockmondy (1976), Evans v. Murray (2004)
28 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 People v. Lewis · Glansman v. Ledbetter · 43 Ind. App. 607 - Leonard v. Honisfager · Johnson v. Smith · Green v. State
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In considering that portion of our adoption statute which provides for the preparation and submission of such report and recommendation for the use of the court in arriving at its decision, and that the same may be read in evidence on order of the court, it must be borne in mind that adoption proceedings are in the great majority of cases ex parte. Leonard v. Honisfager, 1909, 43 Ind. App. 607 , 88 N.E. 91 ; Johnson v. Smith, 1931, 203 Ind. 214 , 176 N.E. 705 . Such proceedings only becomes adversary where, as in this case, the parents refuse to consent and contest the same. Glansmen v. Ledbetter, 1921, 190 Ind. 505 , 130 N.E. 230 ; Leonard v. Honisfager, supra ; Johnson v. Smith, supra . In our opinion, these provisions now under consideration are meant to apply only to ex parte proceedings. To interpret this statute as allowing said report and recommendation, over objection, to be used as evidence in a contested case, under the guise of being an official report authorized by statute to be used as evidence, would result in an unfair trial. The report contemplated by this statute might well include `gossip, bias, prejudice, trends of hostile neighborhood feelings, the hopes and fears of social workers,' as well as hearsay and opinion. The above-quoted words are from People v. Lewis, 1932, 260 N.Y. 171 , 183 N.E. 353, 355 , 86 A.L.R. 1001 ." 224 Ind. at 160 , 65 N.E.2d at 491 .”
6 later decisions quote this exact passage““It was error to refuse appellant an inspection of this report and recommendation. This refusal denied the appellant a fair opportunity to be heard and present her defense before the issues were decided. Although the same were not admissible in evidence [over objection], the recommendation and report were available to the court and were part of the proceedings in this cause. It matters not whether they were favorable or unfavorable to appellant’s contentions, she was entitled to inspect the same and the refusal of such right was contrary to all notions of fairness and justice and was a denial to her of a fair trial and due process of law.””
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.