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← 881 So. 2d 764 - State ex rel. D.S.

881 So. 2d 764 - State ex rel. D.S.’s Empirical Analysis

2004

Citation profile

2
cited by 2 later decisions
1
states following
October 2018
most recently cited

2 state decisions

Relationships

Relies on In re A.J.F. · State in the Interest of S.M.W. · 611 So. 2d 658 - State, in Interest of Ml · 860 So. 2d 576 - State ex rel. A.W. · 721 So. 2d 546 - State ex rel. H.P.

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The trial judge is vested with great discretion and such a decision will not be reversed on appeal absent a showing of abuse of that discretion. State of Louisiana in the Interest of M.L. , 611 So.2d 658 , 660 (La. App. 4 Cir.1992). It is well settled that an appellate court cannot set aside a juvenile court's findings of fact in the absence of manifest error or unless those findings are clearly wrong. State in the Interest of S.M.W. , 2000-3277, p. 14 (La. 2/21/01), 781 So.2d 1223 , 1233, citing In re A.J.F. , 2000-0948 (La. 6/30/00), 764 So.2d 47 . In its manifest error review, it is important that the appellate court not substitute its opinion when it is the juvenile court judge who is in the unique position to see and hear the witnesses as they testify. Id.”
    2 later decisions quote this exact passage
  2. “A. Allegations that a child is in need of care must assert one or more of the following grounds: (1) The child is the victim of abuse perpetrated, aided, or tolerated by the parent or caretaker, by a person who maintains an interpersonal dating or engagement relationship with the parent or caretaker, or by a person living in the same residence with the parent or caretaker as a spouse whether married or not, and his welfare is seriously endangered if he is left within the custody or control of that parent or caretaker. (2) The child is a victim of neglect. (3) The child is without necessary food, clothing, shelter, medical care, or supervision because of the disappearance or prolonged absence of his parent or when, for any other reason, the child is placed at substantial risk of imminent harm because of the continuing absence of the parent. (4) As a result of a criminal prosecution, the parent has been convicted of a crime against the child who is the subject of this proceeding, or against another child of the |sparent, and the parent is now unable to retain custody or control or the child’s welfare is otherwise endangered if left within the parent’s custody or control. (5) The conduct of the parent, either as principal or accessory, constitutes a crime against the child or against any other child. [[Image here]]”
    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.