Commonwealth v. O'CONNOR’s Empirical Analysis
1990
Citation profile
31 state decisions
How this case has been cited
Cited by 31 later decisions — most recently October 2015 · most notably Commonwealth v. Whelton (1998), Commonwealth v. Gaynor (2005)
31 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 Commonwealth v. Freeman · Williams v. Lynaugh, Director, Texas Department of Corrections · Commonwealth v. McLaughlin · Bowers v. State · Commonwealth v. Freiberg
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Of course, as a predicate to establishing such a disciplinary privilege, a person who is not a parent must prove that he or she stands in loco parentis to the child. Annot., 89 A.L.R.2d, supra at 399 n. l.[ 7 ] To be entitled to the legal status of one in loco parentis, a person must assume all the duties and obligations of a parent toward the child. Martin v. United States, supra, [452 A.2d] at 362. Nova Univ., Inc. v. Wagner, 491 So.2d 1116 , 1118 n. 2 (Fla.1986). Peterson v. Kabrich, 213 Mont. 401, 408 , 691 P.2d 1360 (1984). Kransky v. Glen Alden Coal Co., 354 Pa. 425, 428 , 47 A.2d 645 (1946). Gribble v. Gribble, 583 P.2d 64, 66 (Utah 1978). The key factors to a threshold showing of in loco parentis status are the intent to take over the position of parent, and the discharge of support and maintenance responsibilities toward the child. Klein v. Sarubin, 324 Pa.Super. 363, 367-368 , 471 A.2d 881 (1984). State v. Pittard, [ 45 N.C.App. 701, 703 , 263 S.E.2d 809 (1980)]. Fevig v. Fevig, 90 N.M. 51, 53 , 559 P.2d 839 (1977). State ex rel. Gilroy v. Superior Court, 37 Wash.2d 926, 933 , 226 P.2d 882 (1951). McManus v. Hinney, 35 Wis.2d 433, 437 , 151 N.W.2d 44 (1967). Intent to replace a natural parent is never to be lightly inferred. In re Appeal of Fowler, 130 Vt. 176, 179-180 , 288 A.2d 463 (1972). For example, an in loco parentis relationship does not arise merely because someone in a position of a stepparent has taken a child into his' or her home and cares for the child”
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.