Dana Albrecht v. Katherine Albrecht

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?

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?