Dannielynn, Anna Nicole Smith’s Daughter Gets Nothing, Marshall Family Keeps it All
Posted by Rose in All Things Anna Nicole Smith, Amanda Bush, Anna Nicole Smith, Anna Nicole Smith's Will, Art Harris, Art Harris Exclusive, Art Harris Scoop, Bald Truth Exclusive, Beverly Hills, Bonnie Stern, Bryan Cave LLP, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Chip Babcock, Dannielynn, Dannielynn Hope Birkhead, Debunking the myths on ALL cases related to Anna Nicole, Diana Marshall, Harry Susman, Harvey Levin, High Proflie Trials, Hollywood, Howard K Stern, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Rose Turner, Susman and Godfrey, Teresa Stephens, The O'Quinn Law Firm, TMZ, TMZ.com, Virgie Arthur
Per news and USA Today today the lead in story line is “Poor little Dannielynn Birkhead, 3. And we mean that literally.”
The 9th U.S. Circuit Court of Appeals in San Francisco ruled today that Anna Nicole Smith’s estate (i.e., Dannielynn, Anna’s daughter) is not entitled to a single penny from Smith’s husband, oil tycoon J. Howard Marshall.
Anna Nicole Smith’s case will not go back to lower court which awarded Anna Nicole Smith $88 million. So another trip to the U. S. Supreme Court? Will the insanity of the lawsuits end now that there is no money to fight over? There is no need for Larry Birkhead and Virgie Arthur to continue to fight over the guardianship of the money everyone hoped would be needed to take care it. Arthur said the money was tainted, now that there is nothing to fight over, will Birkhead allow Arthur to now visit a broke Dannielynn? It is possible for Smith’s Estate can ask for a rehearing, especially since this was a 2-1 vote. They could also take it back to the U. S. Supreme Court. I did contact some of the lawyers for a quote on the record, Virgie Arthur’s lead attorney, Neal McCabe said; “…except to say that we have not been involved in a fight over the so-called “Marshall money,” about which Virgie has not made a claim.”
Howard K. Stern can now be released as the Executor of Smith’s Estate, Larry Birkhead will keep Dannielynn and poor Dannielynn owes a LOT of legal fees the Estate has accumulated. Dannielynn at age 3 has to hope the Estate Property stolen with the money made on those sales will put some money in her bank account.
LATEST FILINGS IN HARRIS COUNTY BY VIRGIE ARTHUR A MOTION TO COMPEL ART HARRIS TO COMPEL WITH DISCOVERY. I HAVE ALSO INCLUDED THE CASE QUOTED SINCE IT IS FROM JUDGE ROSENTHAL THE FEDERAL JUDGE THAT ALL OF THE PARTIES RESPECTED.
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©Rose Turner
March 19, 2010
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Tags: Anna Nicole Smith, Art Harris, Bonnie Stern, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Daniel Smith, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, Harvey Levin, High Profile Trials, Howard K Stern, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Rose Turner, Teresa Stephens, The O'Quinn Law Firm, TMZ.com, Virgie Arthur
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Swims take on latest ruling:
178. 9th Circuit Court of Appeals Decision 3-19-10
• Court finds against ANS’s Estate claim and for Marshall
• Court errs when it finds ANS’s counter-claim in Bankruptcy was NOT a core proceeding
• Court misstates why SCOTUS sent the case back to the 9th
• Appeal to SCOTUS (again) likely
http://www.ca9.uscourts.gov/datastore/opinions/2010/03/19/02-56002.pdf
The 9th Circuit opined that ANS’s counter-claim in her CA proceeding to Pierce Marshall’s adversary proceeding for defamation and non-dischargeability was not a core proceeding and that the Bankruptcy Court could not issue a final ruling, only suggestions as to the final settlement.
This despite the plain reading of Congress’ Law outlining that (among many things) claims and counter-claims arising during a bankruptcy case are by definition core proceedings.
The 9th Circuit further reasons that the first Court to speak to a final judgement is correct. As we recall, the Bankruptcy Court spoke first, followed by the HC Probate Court then the U.S. District Court. The 9th says the first FINAL judgement was the Probate Court.
However, the opinion starts out musing that SCOTUS had returned this case to the 9th telling them that they had too broadly construed the ‘probate exception’. That is not what Justice Ginsberg said at all. Ginsberg questioned why ‘probate exception’ was even an issue since the Probate and ANS’s Bankruptcy were two separate issues.
The 9th even glossed over the extraordinary criminal activity of Pierce and his Attorney ferreted out by the U.S. District Court.
The decision:
• Fails to follow the intent of the U.S. Congress
• Fails to acknowledge as directed by SCOTUS that Probate and ANS counter-claim separate issues.
Posted at 3:54PM on Mar 19th 2010 by Only swim in the Ocean
Read more: http://www.tmz.com/2010/02/10/dr-sandeep-kapoor-anna-nicole-smith-drugs-howard-k-stern-tmz-live2/12#comments#ixzz0iee9dLqd
SAMMY1—-Glad it is over,Dannielynn I am sure will make out just fine,at least she will not have Grandma anymore up her back.Howard put up a good fight,and I am sure if Howard wrote a book,it would be a best seller.When Vergie loses TMZ and Art Harris and the boggers vergie’s pro-Bono lawyers can go away ..
I have always said that ANS wouldn’t get anything from Marshall. I never have thought she deserved much other than what he got her during his life. I think ANS in that case was a “gold digger” and I certainly never believed she deserved HALF ot the mans billions. That is ridiculous. Especially when considering how she treated him in his last few months and the fact that she fought for some of his ashes and then left them at the funeral home all those years. She only went to pick them up for the cameras on the reality show. I don’t believe she ever loved him as a husband as they wanted to us all to believe. I’m sorry if that offends anyone but I have never had the illusion that ANS was anything other than what she was.
ROSE—You are wrong,you are thinking BIG MONEY.Dannielynn as the child of Anna Nicole will aways be a draw,and the older she gets,the more she will be compared to her mother,I would never let Vergie near that child ever.As I wrote Larry and Howard can pull forces and write a book,I am sure it would be a best seller,after all these cases are over,and again I admire Howard for seeing this case to the end.I believe Vergie would slip legal papers under Dannielynn nose,no way in hell would I LET vERGIE NEAR THAT CHILD
FILTHY MOUTH FIZZLS –Has to make a remark suited to her intelligence,I expected as much
Rose, thanks for posting a beautiful picture of Anna unlike TMZ putting up an unflattering one.
Why would Howard no longer be the executor of the estate? Guess I’m confused. To me, one has nothing to do with the other.
The Estate can now be closed IF the property in the Bahamas and that Estate is now closed and accounted for.
The Estate has been distributed to the guardian of Dannielynn, LB….
Now that said this was a 2-1 decision of a 3 judge court, I am looking up to see if the Estate can ask the 9th Court of Appeals to look at this En banc (All of the judges which I think is 9) or they can bump it back to the Supreme Court, that said, how many of these lawyers are going to work for free for the Estate???
OH and Duh I forgot the Estate is still fighting in S. C. to recover the stolen items and any money they can track down that S. C. was paid, and damages…
Roxanne [3] yup most of us pretty much knew there would be no Marshall money so this is no big surprise really.
JMA——Whats the poor grandma to do.OQ Law Firm spent millions on Vergie in the hopes of getting it back from Marshall money.with CBS gone,and TMZ I am sure will leave so will Art Harris,I am happy as I can be,McCabe worked PRO-BONO LIKE IT OR NOT.As far as Dannielynn.at least she will not have grandma
pretending she cares.
Seems the party has begun,lots of rejoicing ,you know where…
Well the leeches will leave Dannielyn alone. Texas will have to review the cost affectiveness of it’s court cases.
I don’t see this as a loss if the Lawyers were after such big chunks of it. What was going to be left? Her life in ruins.
The legal fees, wonder what deals were done?
This might just save a little girl a lot more heart ache. The Marshall money caused so much grief. Cursed comes to mind actually.
Larry is a big boy he can surely provide for his daughter.
Howard can get back to life as soon as the SC gang is rolled up.
The more I read over the other site, the more I find how NON -intelligent they are,Talk about brainless,If they think Vergie was not counting on Marshall money to pay OQ Law Firm.McCabe did a good job.fooling the fools.Keep going McCabe.
…”Arthur said the money was tainted, now that there is nothing to fight over, will Birkhead allow Arthur to now visit a broke Dannielynn?”…
Without that money do you really think Arthur would care if she never saw Dannielynn again? How often did she see Daniel after Anna first lost the Marshall money?
Beverly [10] yes I guess reality set in today for VA & Team Texas, bet that bit of news blew those
right out of their eyes. OH boohoo 
where will the 
come from now to pay for VA’s representation. Unless O’Quinn had some sort of account set-up to pay the Attorneys out of his/Estate’s pocket no one will be paid.
I don’t care what anyone says there is
way every single Attorney that has been working on VA’s frivolous case is doing it Pro-Bono
Pollyne [11] IMO due to this news, their St. VA [not] is going to have a hefty legal bill to pay out of her own pocket.
WooHoo I’m on my new
JMA—-I do not believe one Lawyer including McCabe was working Pro-Bono,they can dump that (BS) God does work in mysterous ways,this stupidness had to come to a end.Vergie has NO CHANGE of getting any money from anyone,Howard has books to write,and stories to tell once this is all over What make of computer did you get? I got a Dell,and did you have to change your printer and scanner?
TO STACKER ALERT—–We will soon find out,How come if OQ was so smart,Vergie did not get Anna’s body to take to Texas,Vergie did not and will not get partical or any kind of custody,and how come with such smart lawyers Vergie got BoOED out of the Bahamas.SEEMED TO ME THE SMART LAWYERS DID A DIRT POOR JOB
new papers are up on the current article. Papers VA filed today. The exhibits will be up in a little while
OK I just learned that what you wanted you get more even….
Someone asked if John Nazarian was going to write any articles about Sandra Bullock and Jesse James… he did better, he is on Extra tonight talking about it..
Extra comes on here at 11:30 PM… all of you might want to check your local listings too…
Oh lets go stick our noses in another PRIVATE issue between another celebrity couple…… Makes me want to
Hey Roxanne! Hope you are well, thanks so much for contacting me last week. It helped alot!
Shoot! To think that some of those people call themselves grown-ups… they have found their way over to the tmz threads.
Now, we have to sift thru that crap to find coherent words like these:
REPOST:
“182. The Marshall case has nothing to do with writing a will and having it enforced. Pierce was shown to have robbed his father blind while JHMII was still alive. No Estate planning could prevent that happening. Pierce also suborned perjury from the Attorney that helped him do it and destroyed all the docs and lied about it to the Federal Courts in CA.
The Marshall case in question is not a probate case. Sheer coincidence the Probate Court and the CA Bankruptcy Court were hearing different cases with similar names at the same time.
The ‘Marshall’ in the ‘Marshall’ case is Pierce, not JHMII.
If someone’s heirs are outrageous criminals it does not mean that the Will and its Probate are the problem.
Posted on Mar 19th 2010 by Only swim in the Ocean”
> (&) this REPOST:
“184. No wonder the 9th is the most reversed U.S. Appeals Court in America
• Two months shy of three years after SCOTUS spoke for that thin opinion to arrive.
• Old arguments and case law rehashed but not a word about the ANS SCOTUS details
The tortured arguments used to declare that the ANS – Pierce Marshall claim/counter-claim was not a core proceeding
(easy way out for the 9th) fail to justify how the 9th feels the will of Congress (clearly written) can be intellectually ignored as if unconstitutional.
Another issue for SCOTUS. Posted on Mar 19th 2010 by Only swim in the Ocean”
__________________________________________________________________________________________
STRAIGHT OPINIONS, ON THE CURRENT SUBJECT WITHOUT TRASHING OTHER BLOGGERS, thanks Swims.
>> think I’ll pass on watching Extra – just my personal choice…
Rose, .. Oh WOW
, Not about John but about the latest gossip mongering BS of celeb couples and infidelity. All I can say is ~~ Way to go John~~ 
Oh, That is one way to drum up business
, Now is Gloria in the mix too? 
If we have to hear about every bimbo coming out of the woodwork I am going to
. 
Why can’t the Media let celebs be human and work out their own family issues and not put them on blast or discuss what no one knows as truth??.. I hate this kind of society BS that just because they (Celebs) entertain us we have every right to crawl up their wazoos and comment.. Now having said that.. If this turns into a high profile celeb case and public court docs and is very interesting — Oh Damn straight I will be interested.. I agree celebs put themselves out in the public eye and open themselves up to this kind of public scrutiny and that goes with the territory of being a public figure but infidelity between a husband and wife?? To me somethings should not be public fodder. There must be some decorum when it comes to personal lives I think.
Why is the end of page 6 to 9 black? Thanks. What am I missing? I must admit I was not reading every line but getting the gist. I will go back and try to get a better gist. I am just trying to save time
because obviously Arthur wrote this herself and the way it is worded imo all the – (got caught and ditched) – wording does not sound like a professor of law, Or does it? 
, 
. Back to reading. 
In my opinion..
Liann [25] which file?
new article up. with the docs that didn’t get put up last night.
So, so VERY SORRY… to say this >>> re: that ‘new article’ >>
Sounds to me after reading that, it is trying to be of help to VA’s counsel; what am I missing here?
Maybe I am just tired? It almost reads as if anything stated regarding Harris for quite some time, is the ‘harshest’ opinions/accusations/fantasy
conjectures of any of the people involved in this so called case that should have never been continued due to NO Conspiracy…
To me anything regarding AH that is in an opinion article for a long while > truly seems like it is coming off of McC’s desk.
I know it is not, I just do not understand the anger I feel between the lines on anything in the articles here that is written about him.
Sorry, that has been truthfully felt by me for quite sometime now. I will try not to say anymore, I honestly do not want any confrontations about it. jmho
Beth no confrontations…
I am just for getting this over quicker than longer so ALL of the defendants can get on with our lives.
Sorry, Ken I just came on tonight right now and last night I was able to read pgs 6 through 9, Sorry I did not correct that last night or say that I was able. It must have been a glitch somehow but I was able to read last night.
Thanks, I am off to read the new article.
Whether fact or not I had the same impression Beth.
Sorry Rose 
Liann [33] no problemo.
#33 hmm, you don’t have to be sorry, we don’t censor opinions here even if it is about me..
If you don’t have all of the facts, I would think the same as Beth and you think.
Let me share a tad more than I have ONLY because it involves either my documents are those filed as public records now…
Harris did in fact delete some emails, those of us defendants that did not and there are far more that did not and have the ones we sent and the ones we got from him then those who don’t have them…
In Harris answers he is saying, “if I can’t find it on my computer then it is not authentic so prove it”. It is so prove it that then drags all of this out for more time.
In HKS answers he says; ” I am not able to find the email on my computer so therefore I am unable to admit or deny” Then here is the big difference HKS goes on to state; “The email attached as Exhibit Xx (fill in the number of the exhibit where there is XX) speaks for itself.”
How does that affect the rest of us?? Well HKS is saying hey the email speaks for it self, Harris is saying prove I sent it I don’t have it so it did not happen… well on my and his email exchanges I am having to go through them find the original on my computer, pull the email AGAIN some of them are at 2-4 pulling them at this time, for me I am having to pull the email (send it in the native format which has been done and is available for all of the counsel to have their IT specialists look at the same source codes) but then instead of Harris looking at it and saying the “email speaks for itself”, he is saying if it did not come from my pc then it might not have happened… so in order to prove I am not manufacturing evidence I then have to pull the emails by date and time and then pull the “properties, then message details, then pull the full message source, and then print it” it is a lot more work.
I have also had to turn over redacted phone records for 8 months to show the importance of certain dates… do you have any idea how many calls you have to cross through, then recheck several times to be sure it is only the phone calls that belong to the other defendants, then make those 8 months of phone bills into JPEG’s then reformat to a PDF so the numbers can’t be seen that are blacked out to send to the lawyers again in it’s native format to show which days are of relevance to Harris’ answers… no other defendant has required that of any of their co-defendants… thus the “email speaks for it self” becomes important.
The positive thing is that those phone records show I have NEVER talked to HKS, LB, VA, Harvey Levin, and only attorneys at TMZ to get one thread closed that all of our personal info. on it… The bad thing is it shows a lot going on with Harris, and on some important dates.. dates that Craig Ball could not have known about… in doing this I found a lot of things that were uncomfortable to me… including someone that Harris had call me to see what had happen on day (fill it in here for hearings etc.). I remember saying to this person, WOW it is like you have ESP, you seem to call right when something happenes… once that was found that was going on with Harris and that person, then the person packed up and did not call again… that in itself was a real eye opener.
Yea I feel betrayed because this could have been over last summer… IF Harris had filed an appeal in May based on Texas and Georgia journalist shields that would have been GREAT, in fact when he called me in May I asked him why had he not done that…
If I was Wood I would take HKS computer to the U. S. Supreme court to fight that; because if you turn over lawyers computers then every lawyer and every judge is open and that is just not how we should do things… I felt the same way about Harris, if he had filed under the new journalist shield of Texas that mirrored the one in Georgia and passed and signed as in effect BEFORE Harris turned over his hard drives I would be the first to support that… BUT he did not then when inconsistencies came up, ONLY THEN did he file an appeal in August… and thus it has kept this non-suit, lawsuit going months after the new judge came in and this could have ended by now…
I don’t care how much you disagree with a judge’s Orders, they wear the black robes, they sit on the bench and they hold our lives in their hands.. it is a roll of dice for bad or good…
Now there are rumors that HKS, LB, BS, and even the nobodies like me may have to sit for a deposition ONLY because Harris will not authenticate his own emails or at LEAST do what HKS did in saying; “The email attached as Exhibit Xx (fill in the number of the exhibit where there is XX) speaks for itself.”
So yes I have a lot more respect for HKS right now then I do for Harris and I don’t even know HKS… this lawsuit should have never been filed but once it was, the goal was to get it dropped as soon as practical… now it is stretching out for months because of one person…
Remember the new Judge came up with a solution that I agree should make HKS’s computer hard drives and that appeal MOOT. Thus leading the way for hearings on all of the pending things.
Not to mention I can’t even discuss the thousands of documents released that are covered by the “Agreed Protective Order”… so my hands are tied other than to talk about my own documents or those of other defendants that are now public record…
Can you say if you were me you would not be a tad P. O.’d?