ILNews

Court rules on genetic testing on deceased

Jennifer Nelson
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Court of Appeals ruled today that the interests and parties involved in a deceased person's estate must be represented when an order for genetic testing is given.

In the case, In the Matter of the Paternity of C.M.R., a child born out of wedlock, http://www.in.gov/judiciary/opinions/pdf/08070701tac.pdf Kari Schenkel brings an interlocutory appeal from the trial court's order for the genetic testing of her and her two children to determine if Joseph Miller, who is deceased, fathered C.M.R., the child of Jennifer Lee Randall. The Court of Appeals vacates the trial court's order and remands with instructions.

In December 1999, Jennifer Lee Randall gave birth to C.M.R., at which time Miller was involved in a relationship with Kari Schenkel. As a result of their relationship, Schenkel and Miller had two children, whose paternity was established in April 2002. In July of that year, Miller died. In April 2005, Randall filed a petition with the trial court to establish that Miller is the father of C.M.R., and in June 2005, Title IV-D prosecuting attorney Richard Brown filed a motion for paternity testing using genetic samples from Miller's autopsy on behalf of C.M.R. The trial court granted the motion that same day. In July 2006, the state filed another motion that stated Miller's remains were insufficient for testing and that Schenkel and her two children need to be tested to determine by way of comparison if Miller was C.M.R.'s father. Schenkel and her children were not named as parties to the paternity action.

The trial court entered an order for genetic testing Sept. 26, 2006, which states results of the test can be admitted as evidence to prove if Miller was the father of C.M.R.

On appeal, Schenkel argues the paternity action is untimely pursuant to Indiana Code section 31-14-5-5, stating a paternity action needs to be filed during the alleged father's lifetime or not later than five months after his death. Although the state argues that Schenkel waived this argument because she raised it for the first time on appeal, the Court of Appeals found it's not necessary to address the assertions because a cursory review of the records reveals necessary parties have not been joined in the paternity action. Randall, Schenkel, and her two children are not named as parties to the action, and Indiana Code 31-14-6-1 states only parties to a paternity action may be ordered to undergo genetic testing.

Also, the court found the order for genetic testing on Miller to be void because the state did not petition to open Miller's estate so that its interests could be represented. Therefore, the court vacated the order and remanded with instructions to determine which of the participants in the paternity action should be joined as parties and to allow those parties an opportunity to appear, answer, and defend their interests as appropriate.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

ADVERTISEMENT