No. 19-79

Dana Albrecht v. Katherine Albrecht

Lower Court: New Hampshire
Docketed: 2019-07-16
Status: Denied
Type: Paid
Response Waived
Tags: choice-of-law civil-rights conflict-of-laws due-process federalism full-faith-and-credit judicial-procedure jurisdiction marital-estate property-law sister-state
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. The Supreme Court of New Hampshire was asked to consider whether California law controls whether real property in California owned by a California trust is part of a New Hampshire marital estate. It declined to address this question of law. The question presented is: Does this constitute "a policy of 'hostility to the public Acts '" of a sister State?

2. The Third Circuit Court of Appeals recently "observed we will reach 'a pure question of law ' even if not raised below, where refusal to reach the issue would result in a miscarriage of justice. " See Barna v. Bd. ofSch. Dirs. of Panther Valley Sch. Dist., 877 F.3d 136, 147 (2017). The question presented is: Whether, or under what circumstances, does the Due Process Clause require an appellate court to reach a "pure question of law" if it believes the question has not been fully considered below?

Question Presented (AI Summary)

Does this constitute a policy of 'hostility to the public Acts' of a sister State?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-21
DISTRIBUTED for Conference of 10/1/2019.
2019-07-25
Blanket Consent filed by Petitioner, Dana Albrecht.
2019-07-18
Waiver of right of respondent Katherine Albrecht to respond filed.
2019-07-11
Petition for a writ of certiorari filed. (Response due August 15, 2019)

Attorneys

Dana Albrecht
Dana Albrecht — Petitioner
Katherine Albrecht
Israel F. PiedraWelts, White & Fontaine, PC, Respondent