Monday, May 01, 2006
Yes, Texas, there is a Fairy of Justice
Anna Nicole Smith, in a battle to the death with her wicked stepson (or to the very last dollar), won the hearts and minds of the Supreme Court in her 21st century tale of enchantment.
Smith will get to have her day in a federal court. And folks, there’s a whole lot of cash riding on the outcome.
In a unanimous court decision, the Supreme Court ruled that federal courts have jurisdiction over the Smith case that was ruled one way in Texas and another way in California.
In a probate trial in Texas that lasted five months, the court had ruled Smith “was entitled to nothing.” In the meantime, California bankruptcy court awarded Smith $474 million; the amount was later reduced and then wiped out when the Court of Appeals for the Ninth Circuit said it had no jurisdiction over probate court in Texas.
Well, as it turns out, the Supreme Court ruled the higher court was wrong; it does have authority. E. Pierce Marshall will have to now argue why he thinks it’s equitable that the widow of deceased billionaire J. Howard Marshall II should not see a dime from her late husband’s estate, “estimated at as much as $1.6 billion."
And not in Texas, but in California.
From someone intimately acquainted with the Texas probate system, suffice it to say that it stinks to high water with cronyism.
A dear friend of Howling Latina died a few years ago. His brothers doctored a will by drawing up a new one, having the attorney who drew it up witness it, notorize it and then probate it, without the courts so much as batting an eye, as my poor friend lay unconcious in a nursing home bed.
The witness signature on the bogus will was identical to the signature of the probate lawyer; but looked absolutely nothing like my friend's handwriting.
So much for Texas justice, you can bet the stairway to redress had been stacked against Miss Smith in the Texas court room. But no evil machinations for her in California. As HL has said before, give her a share of the loot, Marshall, or you may end up losing it all.
// posted by Howling Latina @ 10:18 AM 
Comments:
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HL,
You have a lot of nerve disrespecting the opinion of 14 ordinary Texans. Those people took 6 months out of their lives to decide this issue and you approach is like a elementary school child. The court did not rule, THE JURY RULED!
It is equitable for Anna not to receive anything more because that's what her husband said should happen. 14 ordinary Texans backed that up.
I think the only thing we can bet on is that you have made up your mind about something you do not kow very much about. All of the evil machinations were in California. Do you really think it would have taken 6 months to try this case if it could have been done in 5 days? Nonsense!
As I have said before, keep the money Marshall or we are all doomed to pay fraudsters. I don't think Pierce Marshall is the one who has "lost it all".
You have a lot of nerve disrespecting the opinion of 14 ordinary Texans. Those people took 6 months out of their lives to decide this issue and you approach is like a elementary school child. The court did not rule, THE JURY RULED!
It is equitable for Anna not to receive anything more because that's what her husband said should happen. 14 ordinary Texans backed that up.
I think the only thing we can bet on is that you have made up your mind about something you do not kow very much about. All of the evil machinations were in California. Do you really think it would have taken 6 months to try this case if it could have been done in 5 days? Nonsense!
As I have said before, keep the money Marshall or we are all doomed to pay fraudsters. I don't think Pierce Marshall is the one who has "lost it all".
Look at your leaders in Texas, then tell with a straight face the majority of Texans are not a bunch of idiots.
And I preface with majority since my daughter, an attorney and her chemical engineer hubby, live in Houston.
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And I preface with majority since my daughter, an attorney and her chemical engineer hubby, live in Houston.
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