| Archive for March, 2010 |
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| Posted by Janice | Permalink | 19 Comments | Add a comment |
“I hate to be the one to tell you this, but I told you so” said Larry Birkhead as he exited the Bahamian courtroom when his paternity of Dannilynn was confirmed. Well, I also don’t like to say I told you so, but today the 9th Circuit issued its opinion in the matter of Marshall v. Marshall finding against Anna Nicole Smith’s estate and Howard K. Stern, and in favor of the rightful Marshall heirs. In doing so, the court has articulated some archaic probate laws regarding what constitutes preclusion, and core versus non-core issues. They found Vicki’s (aka, Anna Nicole Smith’s) claims were NOT core to the bankruptcy proceeding. Please click on this link to view the opinion in its entirety: 9th Circuit
For a more in depth analysis, including my confirmed legal prediction, please read the article below entitled Probate Battle Illustrates Value of Constitution’s Full Faith & Credit Clause. Lady Justice prevailed today, and I anticipate the Supreme Court will confirm this decision should the matter be appealed by Howard K. Stern yet again.
March 19th, 2010
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| Posted by Janice | Permalink | 5 Comments | Add a comment |
As I mentioned in a recent blog post, Britain’s Royal Opera will feature the production Anna Nicole, the story of Anna Nicole Smith’s life and untimely death, set to open February 17, 2011. Smith’s life was made for the stage. The former model went from “impoverished Texas waitress to oil tycoon’s widow to reality television star,” as Rachel Lee Harris nicely illustrates in her recent New York Times article, Royal Opera in London to Stage ‘Anna Nicole’.
While the opera is likely to focus on the tragedy of her early death, Smith still plays a vital role in a real life drama that remains unfinished. Anna Nicole Smith first became famous when she married oilman, J. Howard Marshall II. But this short marriage has turned into a long-lasting legal battle over the fate of Marshall’s fortune. This complicated legal dispute has dragged out for almost 15 years, with no resolution.
Smith challenged Marshall’s estate plan with claims that he verbally promised to include her in his will. But she had no hard evidence. Nothing was ever formally written in his will that revealed his intention to give her any of his fortune. In fact during the trial in Texas probate court over 40 witnesses testified including a number of individuals who were present during the time period Marshall was putting together his estate plan, including attorneys, accountants, office staff members, friends and business associates. All testified that Marshall’s estate plan was clear and Smith was never entitled to any additional assets beyond the $7 million Marshall provided for her during his life. At the end of a five and a half month trial, the jury ruled against every one of Smith’s claims and agreed that J. Howard Marshall II took the necessary and legal steps to protect his estate and family, as well as provide for Anna Nicole. But, the end of this trial was only one act in a never-ending opera.
While the case was pending in Texas probate court, Smith filed for bankruptcy in a California court. In a crafty move, Smith and her legal team employed a legal tactic known as forum shopping to hedge her bets. This scheme ultimately worked in her favor as she was awarded with a hefty sum from the bankruptcy judge. When the bankruptcy court ruled in her favor, she tried to pull out of the Texas probate court but to no avail. Since then, this case has been appealed all the way up to the Supreme Court and now resides back in the 9th Circuit Court of Appeals.
While the opera will nicely tie up the Anna Nicole Smith story in just a few acts, her phantom will continue to haunt the courts. While we can look at Anna Nicole Smith’s life as tragedy filled with drama and romance, her presence is very much still acknowledged as this unresolved legal battle continues.
March 18th, 2010
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| Posted by Janice | Permalink | 10 Comments | Add a comment |
In response to the death of 17-year-old Chelsea King, San Diego Assemblyman Nathan Fletcher vows to change California’s sex offender laws. His efforts are fully supported by principal members of King’s family. Specifically, sex offender’s records (including all field notes) are purged one year after year after probation is completed, which is the case with registered sex offender John Albert Gardner III, who plead not guilty in Chelsea King’s death last month. An outraged Assemblyman Fletcher has written to the Department of Corrections and to Inspector General Dave Shaw to determine why such policy is “in the best interests of public safety.” The corrections office maintains that certain information about a parolee is retained in a central file, but both Fletcher and Governor Schwarzenegger find this so called policy to be unacceptable!
Fletcher insists that high risk, violent, sexual predators cannot be rehabilitated, so, at the very least, significant prison sentences should be given; and, lower-level offenders should be heavily scrutinized by law enforcement.
Chelsea’s Law, when finally presented before legislature, likely involves a broad coalition of law enforcement and citizens. Stiff penalties would be enforced for the convicted. A first time offender would be given life in prison. If the victim is murdered, then capital punishment may apply. GPS devices would be installed on lower level offenders and monitored beyond their probation.
Lady Justice hopes future nefarious loopholes which befell Chelsea King, Lily Burk, etcetera, be avoided by law enforcement policies that indeed are “in the best interests of public safety.”
March 16th, 2010
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| Posted by Janice | Permalink | 9 Comments | Add a comment |
Anna Nicole Smith . . . the opera? Britain’s Royal Opera House is planning to document the life of the tragic model turned actress in a production simply entitled Anna Nicole; it premieres at Covent Garden Feb. 17, 2011, with Dutch soprano Eva-Maria Westbroek in the lead role. Marc-Anthony Turnage will compose the music, and Richard Thomas will script the libretto. Thomas was responsible for bringing another media figure to the stage with Jerry Springer: The Opera. Lady Justice speculates Anna Nicole’s arc will unsurprisingly culminate, like most operas, with the diva perishing under tragic conditions.
March 14th, 2010
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| Posted by Janice | Permalink | 8 Comments | Add a comment |
A federal appeals court upheld the use of the words “under G-d” in the Pledge of Allegiance and “In G-d We Trust” on U.S. currency, rejecting arguments that the phrases violate the separation of church and state.
The 9th Circuit Court of Appeals panel rejected challenges by Sacramento atheist Michael Newdow, who says references to G-d are unconstitutional. The underlying lawsuit reached the U.S. Supreme Court in 2004, and the High Court said Newdow lacked standing since he did not have custody of his daughter, on whose behalf he claimed to bring the case. So he filed another case using children of other atheist parents to overcome the standing issue and object to the recitation of the pledge at school. In 2005, a federal judge in Sacramento decided in Newdow’s favor, prompting the appeals court to take up the case again. Judge Carlos Bea wrote for the majority in Thursday’s 2-1 ruling finding that “[t]he Pledge of Allegiance serves to unite our vast nation through the proud recitation of some of the ideals upon which our Republic was founded,” he said. Newbow says he will appeal to the U.S. Supreme Court again!
Last fall I gave a constitutional law lecture at Chapman Law School discussing the Newbow case and various religious tests articulated by the High Court. A video clip of this panel discussion can be seen here under ‘Appearances’ entitled “The 9th Circuit Powerhouse:
Pending Cases, Pending Outcomes Pending Precedents, and Pending Problems?”. Chapman Law School
March 14th, 2010
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