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Dale Sawyer Eisele v. The Estate of Joseph Brodie Smith

Paid petition · Supreme Court of New Hampshire, No. 2020-0089 · judgment May 18, 2020


Certiorari denied · June 7, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

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 petit-

Counsel of record

For petitioner
Dale Sawyer Eisele

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 02 2021
    Rehearing DENIED.
  2. Jul 08 2021
    DISTRIBUTED.
  3. Jul 01 2021
    Petition for Rehearing filed.
  4. Jun 07 2021
    Petition DENIED.
  5. May 18 2021
    DISTRIBUTED for Conference of 6/3/2021.
  6. Jan 28 2021
    Petition for a writ of certiorari filed. (Response due May 3, 2021)