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Posted on 04/07/2007 3:14:35 PM PDT by mom4kittys
Thread Number 3
Date: April 09, 2007
Despite media reports that Anna Nicole Smith’s daughter, Dannielynn, may stand to inherit a portion of the late J. Howard Marshall’s estate, Professor Horace Cooper argues that casting aside the Texas probate court’s earlier decision that Marshall’s son was his legal heir is unlikely.
Smith’s fight to win a portion of Marshall’s estate made its way to the United States Supreme Court, which ruled late last year that a decision by the 9th Circuit Court of Appeals was overly broad and sent the case back to the 9th Circuit on remand.
The most compelling question for the 9th Circuit will be a determination of which of the courts involved issued a final judgment first, says Cooper.
She’s no million dollar baby: After the courts rule, Anna Nicole Smith’s daughter probably won’t get the big estate, Legal Times, April 9, 2007. By Horace Cooper.
Excerpt:
“When it originally invoked the ‘probate exception,’ the 9th Circuit panel didn’t rule on the merits of either the federal bankruptcy court or the federal district court decisions. With the Supreme Court’s narrow opinion explaining that none of the Supreme Court’s earlier cases endorsed the notion that federal courts couldn’t independently weigh in on probate matters, the9th Circuit now will have to deal with the merits.
“In that context, the most compelling question for the 9th Circuit will be a determination of which court — the federal bankruptcy or district court or the Texas probate court — issued a final judgment first. Chronologically the Texas probate case started first, but the federal bankruptcy court issued its verdict first. The 9th Circuit panel reviewing the case will have to determine which decision counts as the first ‘final judgment.’
“There are two issues here. First, the federal district court vacated the ruling of the bankruptcy court and reviewed the matter de novo. It did so after the Texas probate trial had concluded. If this decision about vacating the bankruptcy ruling is upheld, it would mean that the bankruptcy ruling has no effect for purposes of res judicata — that is, neither the bankruptcy decision nor the federal district court’s ruling were final judgments for this purpose.
“Second, even if the federal bankruptcy court’s ruling was final and determined to have occurred first, there are serious questions, relevant to judicial economy and the principles behind res judicata, about the evidentiary record used by the federal district court.
“A review of the record indicates that whereas the Texas probate trial took nearly six months to sort through all of the legal and evidentiary issues before reaching a conclusion, the federal district court was able to do so in a few days. How? Primarily by reviewing many of the depositions from the concluded Texas probate trial and also by disallowing most of the witnesses that Pierce Marshall sought to call.
“Such an approach has the advantage of expediting matters, but it severely constrains the ability of the court to weigh all evidence necessary. Depositions are useful, but they are not an equal alternative to witnesses testifying subject to cross-examination. As a result, there are serious questions about the sufficiency of the record that the district court relied upon. And such an outcome is contrary to the benefits of res judicata — which is to allow subsequent courts the ability to rely on the findings of fact of earlier courts.
“Additionally, judicial economy would dictate that the Texas probate court (as a specialty court) should be given greater deference and weight in making these determinations. In this case, the probate court took nearly six months to reach a determination. Casting aside its work will not be done lightly.
“Together, judicial economy and res judicata militate against the 9th Circuit directing a brand new trial to determine the validity of the Marshall will or estate plan. Accordingly, no one should be surprised when, at the end of all the proceedings, it is the original Texas trial verdict that determines the disposition of the Marshall estate. When that occurs (as it almost certainly will), Marshall’s money will go to his son — not to Smith’s estate, her child Dannielynn, or Dannielynn’s father (whoever that may be).”
http://www.law.gmu.edu/faculty/story.php?id=733
To read the first twelve pages of the book “Train Wreck” scroll to the bottom of this article.
http://www.showbuzz.cbsnews.com/stor...n2663734.shtml
Hard to read but very interesting.
Okay I’ll try again...
http://www.showbuzz.cbsnews.com/stories/2007/04/09/people_late_great/main2663734.shtml
Mark
Personally, after Larry is determined to be the biological father and gets custody, I would love to hear that the Marshall family AGREED to set up a trust for Dannielynn in an UNDISCLOSED AMOUNT! That would be the BEST outcome in my opinion. Because Dannielynn would be with her REAL Dad, and hopefully, he would allow her to see and know her Grandmother, and also, she would be ‘set for life’ (which IMO means that her college tuition would be paid for, and maybe she would have a ‘few’ extra dollars). Of course, this is only my opinion of how the Marshall Estate should ‘play out’. I think the Marshall Family should at the very least be willing to pay for DL’s schooling.
As for her mother’s (ANS) estate, it will be interesting (and perhaps sad) to see how that plays out. I hope someone is looking out for Dannielynn of course, but I also wonder who, if anyone, cares about Anna’s legacy? I can only hope that Larry gets custody of Dannielynn and has the legal ability to do something similar to what Priscilla Pressley did for Lisa Marie.
So very sorry to hear about your loss!
This must be a very difficult time for you and your sister’s family...I’ll be thinking of you all!
Regards,
Kimberly
It certainly will be interesting to hear if and when KE ‘lawyers up’ and with whom. Would she have need of a lawyer to deal with the Medical Board, or, would she hire someone because she is expecting, in addition to the medical board, having criminal charges that need defending?
I see more of a resemblence in the eyes with the Prince, who I personally think is very handsome. I still think LB is tht father...but hey, you never know...I’ve even noticed a resemblence with Thompson...(I know a woman who got pregnant with twins, years after her husband’s vasectomy!)
“Hopefully, there is some recourse for Larry as far as this is concerned, and he will not have to worry about Debra Opri’s outrageous bill...since he should have never had to go to the lengths he had to go to just to be a part of his daughter’s life!!”
I must have missed something again...I was under the impression that the bill from Opri had been determined to be bogus?
Just an FYI that we could get flooded with visitors from CTV today...as it seems that the moderator, Coldwater, has chosen to childishly give the members there one of her ‘time outs’ and locked the ANS board on this very important day. Seems she rather enjoys weilding her power.
How Pathetic! Do you happen to know any of her screen names? Besides Coldwater, that is? I’m sure they will be out in full force tomorrow!!
“How Pathetic! Do you happen to know any of her screen names? Besides Coldwater, that is? I’m sure they will be out in full force tomorrow!!”
Ha! I didn’t know she had any of her own screen names, besides Coldwater, but I wouldn’t put it past her, and she best not be coming here! I haven’t watched the board close enough to know what HER position is on this case, but I know from experience she is very biased and will ban those strongly who disagree with her. Freepers have never been welcomed there...she is extremely biased and just like CTV, she stands firmly with the extreme left on that site.
ICE BATH
I don’t know who’s collecting this info and if you have it already, or not:
“Stern had told his sister that Smith was running a fever of 105 degrees shortly before her death on Thursday, and that a nurse was “icing her down” earlier THAT DAY at the Seminole Hard Rock Hotel and Casino in Hollywood, Fla.”
“When King asked if the couple had plans to marry, Stern said, “I’ve loved her for quite some time and HOPEFULLY the feeling’s mutual.”
good grief...they plan to marry and HOPEFULLY the feeling is mutual? Who does this guy think he’s fooling?
http://www.hollywood.com/news/Smith_and_Stern_Plan_to_Marry/3558546
If you believe all their versions of events, Anna was in the tub constantly getting her ice baths. They must of used all the ice in the hotel ice machines.
Did any of these so-called “medical” people realize that you are NOT suppose to give an ice bath to lower a temp. It causes the temp too lower to much and too rapidly. Tepid water is best.
I guess none of this bothers Perper.
in followup to my last post:
1) icebath prior to flight - eroshevich (ET)
2) icebath monday nite - Moe,et al (ET; cnn; greta; grace)
3) icebath tuesday = Mark Steines (cnn; [greta?])
4) icebath wednesday = HKS (Etonline)
5?) icebath thursday am - Bonnie Sterns (fox news) (questionable?)
“... Mark Steines, the last person to interview her, told CNN that Smith had to be placed in an ice bath Tuesday after her fever reached 105 degrees.” [steines says she was crumpled in empty tub wed]
Uh, just letting you know that it's possible they were written well after the fact. They're very brief and really don't say much....but they are a moneymaker. Watch out for ILLUSIONS.
The ANS will , will be ruled invalid. Stern and his bunch can’t even find the original document.
That alone will cause it to be invalid. Not counting the hugh flaws within it.
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