Krank v. Krank’s Empirical Analysis
1995
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently March 2017 · most notably Kluck v. Kluck (1997), Ryan v. Flemming (1995)
26 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 State v. Leidholm · Heck v. Reed · Ludwig v. Burchill · Simons by and Through Simons v. Gisvold · Simmons v. Simmons
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Even if the violent conduct did not harm anyone, if it threatened imminent harm to someone in the household, the presumption arises, must be addressed by specific findings, and can be overcome only by clear and convincing evidence that `the best interests of the child require [the violent] parent's participation as a custodial parent.' NDCC 14-09-06.2(1)(j). Under NDREv 301(a), `the presumption substitutes for evidence of the existence of the fact presumed until the trier of fact finds from credible evidence that the fact presumed does not exist.'"”
9 later decisions quote this exact passage“"If the amount and extent of domestic violence inflicted by one parent is significantly greater than that inflicted by the other, the statutory presumption against awarding custody to the perpetrator will apply only to the parent who has inflicted the greater domestic violence, and will not apply to the parent who has inflicted the lesser. However, if the trial court finds that the amount and extent of the violence inflicted by one parent is roughly proportional to the violence inflicted by the other parent, and both parents are otherwise found to be fit parents, the presumption against awarding custody to either perpetrating parent ceases to exist." Id.”
8 later decisions quote this exact passage · from the concurrencee.g. Kluck v. Kluck · Gietzen v. Gabel“"When there is credible evidence of domestic violence on the part of both parents.... [t]he trial court must make detailed findings on the domestic violence issue." Owan, 541 N.W.2d at 722 (quoting Krank, 529 N.W.2d at 850 ).”
3 later decisions quote this exact passage · from the concurrencee.g. Krank v. Krank · Owan v. Owan
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.