Everage v. Gibson

I respectfully dissent. This is a curious — very curious — opinion. The anomaly lies not so much in its essential holding (i.e., its interpretation of the determination of paternity proceeding statute, § 26-12-1, et seq., to comport to constitutional standards), but in its application of this new interpretation so as to have binding effect upon this Appellant. On the one hand, the opinion is laudatory in rendering a previously unconstitutional statutory scheme of intestate succession as applied to illegitimates into a constitutionally acceptable scheme through its inclusion of a third…