Legal Opinion · Dissent

Casey v. Self

Supreme Court of Oklahoma

Decided December 26, 1990No. 69075Published

1Dissent

KAUGER, Justice,

with whom DOOLIN, ALMA WILSON and SUMMERS, JJ., join, dissenting:

The primary goal of statutory construction is to ascertain and follow the intention *469of the Legislature.1 The majority ignores this maxim and makes an unnecessary venture into constitutional analysis2 by holding that before a child born out of wedlock may inherit from his/her putative father pursuant to 84 O.S.1981 § 215,3 paternity must be established by clear and convincing evidence. I respectfully dissent.

FACTS

A more detailed analysis of the facts than the sparse account given in the majority opinion is…

2Cases cited33 opinions

  1. Fuller v. OdomSupreme Court of Oklahoma · 1987
  2. Ledbetter v. Oklahoma Alcoholic Beverage Laws Enforcement CommissionSupreme Court of Oklahoma · 1988
  3. AMF Tubescope Company v. HatchelSupreme Court of Oklahoma · 1976
  4. Peyton v. McCaslinSupreme Court of Oklahoma · 1966
  5. Sherman v. GoloskieSupreme Court of Rhode Island · 1963

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