State v. Michael J.W.

Michael J.W. appeals a judgment adjudicating him the father of Lily R.A.P., notwithstanding a jury verdict which found he was not Lily's father. The State and Lily's mother, Lisa R.P., cross-appeal the trial court's earlier denial of summary judgment and failure to give a requested jury instruction on the presumption of paternity. Although we conclude summary judgment was properly denied, the trial court erred both when it changed the jury's finding that Michael was not Lily's father, and when it failed to give a jury instruction which included a rebuttable presumption of paternity based on…