No. 20-1386

Dale Sawyer Eisele v. The Estate of Joseph Brodie Smith

Lower Court: New Hampshire
Docketed: 2021-04-02
Status: Denied
Type: Paid
Tags: adoption adoption-law civil-rights dna-paternity due-process exhumation exhumation-request family-rights legal-interpretation pretermitted-heir probate standing
Key Terms:
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Latest Conference: 2021-06-03
Question Presented (from Petition)

The petitioner's request to exhume the body of Joseph Brodie Smith to prove paternity thru DNA was denied by the lower courts.

1. Did interpreting this matter by using current adoption laws, lead to a comprehension error that was detrimental to this case.

2. Did removing consideration for the petitioner's affidavit cause a negative impact on the petitioners ability to support her argument for an exhumation?

3. Did the petitioners present legally sufficient reason to dis inter the body of Joseph Brodie Smith?

4. Was the decision to not consider Gladys Irene as a pretermitted heir to Joseph Brodie Smith detrimental to the petiti oner's goal of an exhumation to prove paternity?

5. Why didn't the petitioner provide any contact informati on for any immediate family members of Joseph Brodie Smi th to be granted permission for the exhumation?

Question Presented (AI Summary)

Did interpreting this matter by using current adoption laws lead to a comprehension error that was detrimental to this case?

Docket Entries

2021-08-02
Rehearing DENIED.
2021-07-08
DISTRIBUTED.
2021-07-01
Petition for Rehearing filed.
2021-06-07
Petition DENIED.
2021-05-18
DISTRIBUTED for Conference of 6/3/2021.
2021-01-28
Petition for a writ of certiorari filed. (Response due May 3, 2021)

Attorneys

Dale Sawyer Eisele
Dale Sawyer Eisele — Petitioner