When I look at this picture of Anna Nicole Smith, her son, Daniel Wayne Smith and her lover lawyer Howard K. Stern entering the U. S. Supreme Court five years ago, February 2006, little did anyone know what would happen during the next five years.

Anna Nicole Smith was pregnant with her daughter Dannielynn and the world looked bright, especially in June 2006 when the U. S. Supreme Court ruled unanimously that Smith had a right to have her appeal sent back to the lower court to decide if she was entitled to any of her deceased husband’s, J. Howard Marshall’s Estate valued over one billion dollars.

Now five years later, once again Howard K. Stern returns to the Supreme Court to hear arguments on Tuesday, January 18, 2011 to address whether Smith’s Estate is entitled to part of the Estate of a deceased husband’s estates which has now been tangled up in court for 15 years. Howard K. Stern returns alone, unless Dannielynn’s father decides to attend with Stern, to see if Smith’s lone heir gets money.

In the last five years, Pierce Marshall has died, Daniel Wayne Smith has died, Anna Nicole Smith has died and John M. O’Quinn died in an accident. Howard K. Stern faced potential career ending charges and a trial to funneling drugs to a “known addict”. Stern was cleared of that on January 6, 2011 by Los Angeles Judge Robert Perry of all charges and his life was given back intact for him to continue to practice law.

On January 10, 2011 Stern filed the Reply to Elaine Marshall’s, Pierce Marshall’s widow, Response dated December 13, 2010, to the Estate of Smith’s Writ of Certiorari filed November 12 2010 with the Supreme Court once again ruling they will hear oral arguments this coming Tuesday and again decide this mega million dollar estate. Any decision by the U. S. Supreme Court will be issued no later than the last Monday of June 2011.

You have to feel a tad sad for Stern to be returning five years later, minus so many important people in his life including the love of his life Smith and her son Daniel.

The attorneys for the Estate of Anna Nicole Smith consists of; Philip W. Boesch Jr. Esq., The Boesch Law Group, Bruce S. Ross, Vivian L. Thoreen, Holland & Knight LLP, Kent L. Richland, Alan Diamond, Edward L. Xanders, Greines, Martin, Stein & Richaland LLP

The attorneys for Elaine Marshall consists of; Roy T. Englert Jr., of Robbins, Russell, Englert, Orseck, Untreiner and Sauber LLP as well as G. Erin Brunstad Jr., Collin O’Connor Undell, and Matthew J. Delude of Deschert LLP

There has been seven Ameicus Briefs filed by interested groups including the U. S. government, some in favor of Smith’s Estate and some in favor of Marshall.

Here is a list of the other papers filed so you can become acquainted with them to discuss prior to the hearing this Tuesday. The U. S. Supreme Court has three cases it is hearing oral arguments on with this one listed as the last of the three to be heard that day.

November 15, 2010 Ameicus Brief by Legal Professors in Support of Howard K. Stern. The legal professors and lawyers listed are Richard AAron, Laura Bartell, Jagdeep S. Bhandari, Susan Block-Lieb, Robert D’Agostino, Jackie Gardina, Ingrid Hillinger, George W. Kuney, Lois Lupica, C. Scott Pryor, Keith Sharfman, Michael D. Sousa, and Robert M. Ziman.

November 19, 2010 Amercus Brief by. the Bankruptcy Trustees in Support of Howard K. Stern.

November 2010 Ameicus Brief by the United States of America in Support of Howard K. Stern..

December 20, 2010 Ameicus Brief by the National Black Chamber of Commerce in Support of Elaine Marshall.

December 20, 2010 Ameicus Brief by by Washington Legal Foundation in Support of Elaine Marshall.

December 2010 Ameicus Brief by the Center Rule of Law in Support of Elaine Marshall.

December 2010 Ameicus Brief by Legal Professors in Support of Elaine Marshall. The law professors are; S. Todd Brown, G. Marcus Cole, Ronald D. Rotunda, and Todd J. Zywicki

The Three Points the U. S. Supreme Court has decided to hear oral arguments and issue an Opinion on three questions asked to be addressed by Smith’s Estate:

1. Whether the Ninth Circuit opinion, which renders §157(b)(2)(C) surplusage in
light of §157(b)(2)(B), contravenes Congress’ intent in enacting §157(b)(2)(C).

2. Whether Congress may, under Articles I and III, constitutionally authorize core
jurisdiction over debtors’ compulsory counterclaims to proofs of claim.

3. Whether the Ninth Circuit misapplied Marathon and Katchen and contravened this Court’s post-Marathon precedent, creating a circuit split in the process, by holding that Congress cannot constitutionally authorize non-Article III bankruptcy judges to enter final judgment on all compulsory counterclaims to proofs of claim.

I wonder if the Marshall money, like the Hope Diamond is going to be surrounded of the mystic of tragedy attached to it, what do you think?

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©Rose Turner
January 15, 2011
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Tags: Alan Diamond, Ameicus Briefs, Amicus Curiae, Amicus Curiae Brief, Anna Nicole Smith, Anna Nicole Smith and Howard K. Stern, Anna Nicole Smith was pregnant, Bankruptcy Trustees, Beverly Hills, Bruce S. Ross, C. Scott Pryor, Celebrity Trials, Center Rule of Law, compulsory counterclaims, core bankruptcy function, core jurisdiction, Daniel Smith, Daniel Wayne Smith, Dannielynn, de novo review, deceased husband, E. Pierce Marshall, Edward L. Xanders, Edwin Hunter Esq. crime-fraud exception, Elaine Marshall, Englert, Famed Berverly Hills P. I. John J. Nazarian, funneling drugs to a “known addict”, G. Marcus Cole, George W. Kuney, Greines Martin Stein & Richaland LLP, High Profile Trials, Holland & Knight LLP, Hollywood, Howard K Stern, Ingrid Hillinger, J. Howard Marshall, J. Howard Marshall’s Estate, Jackie Gardina, Jagdeep S. Bhandari, John J. Nazarian, John J. Nazarian P. I., John O'Quinn, Judge Robert Perry, Keith Sharfman, Kent L. Richland, last Monday of June 2011, Laura Bartell, Legal Professors support Marshall, Legal Professors support Stern, Lois Lupica, Los Angeles, Los Angeles Judge Robert Perry, mega million dollar estate, Michael D. Sousa, National Black Chamber of Commerce, Ninth Circuit Federal Court of Appeal, Ninth Circuit opinion, non-Article III bankruptcy judges, of Robbins, Orseck, Philip W. Boesch Jr. Esq., Pierce Marshall, Richard AAron, Robbins Russell Englert Orseck Untreiner and Sauber LLP, Robert D'Agostino, Robert M. Ziman, Ronald D. Rotunda, Roy T. Englert Jr., Russell, S. Todd Brown, Susan Block-Lieb, The Boesch Law Group, The Center Rule of Law, The Hope Diamond, The Hope Diamond Curse, The Marshall Money Curse, Todd J. Zywicki, U. S. Supreme Court, United States of America, Untreiner and Sauber LLP, Virgie Arthur, Vivian L. Thoreen, Washington Legal Foundation, Writ of Certiorari

Summing up this Eurohell journey I am not even going to discuss Paris as I am feeling that I am beating myself with a baguette and that I have stepped in some bad smelling brie. Here is my theory on all these people who do go to Europe and come back with all the “wonderfuls“ and “Fabulous“ and “Breathtakings“: All BULLSHIT!! I know the difference between BULLSHIT and roses…

First, you are not getting any refunds on this miserable experience, and there is no way anyone can go to these places and not realize you have paid a small fortune for this European Adventure. Second, unless you are on serious meds you will also realize that the cost of almost everything is just nothing short of terrible. I am a working class guy and so are the roots of my entire family, no one has given me anything and all that we have I have busted my back to get. And then to see what we had to deal with! The only explanation I have is that people who experience this attack on their wallets are going to try and make it better. So in defense of this bad decision, we all get the “wonderful, fabulous and breathtakings.” For me it is no problem, I have a few friends who live in Switzerland and they tell me that every day waking up in Europe you realize fast that it is very costly to do so. So enough on that subject, bottom line, Europe for the most part is a huge rip off.

Now in closing, I have traveled the world as a child with my father, this was a very long time ago. So long ago that I can remember when one of his ships came into some of these foreign ports it was a news story. No not because I was on board, it was just the times…it was a time when the American dollar ruled and Americans were like royalty. Those days have changed, now we as Americans are more like targets, the dollar will always outlast the Euros, Francs and all the rest. For me it was a real wake up call to stop complaining and understand that I/we are so lucky to have been born in the United States of America. And to have an even clearer view of what a wonderful place this is, even with the issues that some of our cities have to face, it is still the best place to call home.

As for beauty and majesty there is nothing like the Redwoods of Northern California, show me anything more incredible than the Grand Tetons or Grand Canyon or Cape Cod and Marblehead on the East Coast, it does not exist. When you have seen everything that this country can offer, then I say, if you got dollars to toss into the sewer then go to Europe. Remember this, a well done National Geographic DVD will be just as much fun and when you watch it, go get some real bad food and sit down and watch it, it will almost be like you are there.

NOTE FROM ROSE: I have enjoyed John’s European adventures via Desperate Exes.com and I never left home. Thanks John, all it cost me was a couple of good sodas, time and a LOT of laughter.

http://desperateexes.com/2010/07/13/its-good-to-be-back-in-the-usa/.

©John J. Nazarian
July 18, 2010
Used with the permission of John Nazarian P. I. – writer
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of our featured author, John Nazarian, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

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