O'DANIEL v. Messier’s Empirical Analysis
1995
Citation profile
44 state decisions
How this case has been cited
Cited by 45 later decisions — most recently June 2017 · most notably In Re Swanson (1999), In re C.W.W. (2000)
44 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 Santosky v. Kramer · Addington v. Texas · S.S. Zoe Colocotroni v. Puerto Rico · Hodges v. S.C. Toof & Co. · Hawk v. Hawk
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“eliminates any serious or substantial doubt concerning the correctness of the conclusion to be drawn from the evidence.”
4 later decisions quote this exact passagee.g. State v. CHK · In Re JJC“[S]aid children have been removed from the custody of the Defendant, Denise Rita Bagwell, for more than six (6) months, and that the conditions which led to the removal of said children from said Defendant, and would in all reasonable probability cause said children to be further abused or neglected, still persist; that there is little likelihood that these conditions will be remedied in the near future; and, that said children are of such an age that the continuation of the legal parent and child relationship greatly diminishes said children's chances of early integration into a stable and permanent home. That the testimony reflects extensive services have been provided to the Defendant, Denise Rita Bagwell, that she had not made significant changes, that she has not attended counseling, or demonstrated the ability to support said children or to meet the needs of said children, which have increased significantly, all this despite on-going efforts by the caseworkers and the Court to impress upon her the need to make an effort and demonstrate a change in a timely manner.”
2 later decisions quote this exact passagee.g. In Re CDB · In re C.D.B.“(1) the parent's ability to support the child; (2) the amount of support provided; (3) the extent and nature of the contact between the parent and the child; (4) the frequency of gifts; (5) whether the parent voluntarily relinquished custody of the child; (6) the length of time the child has been separated from the parent; and (7) the home environment and conduct of the parent prior to removal.”
2 later decisions quote this exact passagee.g. In re S.Y. · In Re SY
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.