Carmella Bell, Appellant v. Lana Eagle McDonald, Appellee — Hart, J., Dissenting

Summary

Justice Hart dissented from the majority's conclusion that section 28-9-209(d) barred Carmella Bell from inheriting from Carl McDonald's estate. She reasoned that Bell was presumed legitimate because she was born during her mother's marriage and that the statute's 180-day limit applies to commencing an estate claim, not to satisfying the statutory conditions for inheritance. She also maintained that the majority failed to address Bell's core due-process and equal-protection challenges. Justice Baker joined the dissent.