In Re Kennedy’s Empirical Analysis
1978
Citation profile
17 state decisions
How this case has been cited
Cited by 18 later decisions — most recently September 2011
17 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 334 So. 2d 395 - Johnson v. Welsh · Hall v. Godchaux · Successions of Rhea · Succession of Simmons · Texana Oil & Refining Co. v. Belchic
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the spouse of the petitioner is the legitimate parent of the child or if the petitioner is the grandparent or grandparents of the child, then the consent of the other legitimate parent is not necessary if the first and second or the first and third conditions exist: (1) The spouse of the petitioner or the grandparent or grandparents or the mother or the father have been granted custody of the child by a court of competent jurisdiction and (2) The other legitimate parent has refused or failed to comply with a court order of support for a period of one year or (3) The other legitimate parent is a nonresident of this state and has failed to support the child for a period of one year after judgment awarding custody to the mother or father or grandparent or grandparents.”
1 later decision quote this exact passage“As long as there is any doubt concerning whether a change of domicile has occurred “the presumption is that it has not been changed.” Succession of Simmons [ 109 La. 1095 , 34 So. 101 ], supra. The other presumption is that “whenever a person has acquired a residence elsewhere and actually resides there it is presumed to be his domicile.” Successions of Rhea [ 227 La. 214 , 78 So.2d 838 ], supra. This second presumption is applicable where there is only one obvious place of residence and the person, while maintaining some ties with his former domicile, does not actually have a place to reside there. See Gelpi v. Ben Development Company, Inc., 327 So.2d 485 (La.App. 4th Cir.1976).”
1 later decision quote this exact passage“A change of domicile from one parish to another is produced by the act of residing in another parish, combined with the intention of making one’s principal establishment there.”
1 later decision quote this exact passagee.g. In Re Orso
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.