Oral arg. – COA – 2/15/18

At 10:00 the COA will hear the case of In the Matter of the Estate of Delvyn Nelson.  

Robert Perkins and Roshida Nelson had a baby boy. They weren’t married and the child, Delvyn, lived only a few months.

Delvyn was born on January 26, 2012.  On April 7, 2012, Roshida filed a complaint for paternity against Perkins in Alabama.  Perkins was determined to be the father via DNA.  Before the DNA results were received, Delvyn died while a patient at UMMC.  On On June 18, 2012, the paternity action was dismissed by the Alabama Court due to the death of Baby Delvyn.  In December 2013  Roshida filed a wrongful death case and it settled.  In May-June 2014, Perkins was served by publication with a summons from the Hinds County Chancery Court in an estate action. Roshida subsequently abandoned that action and filed an   action to determine heirs. In December 2016 the court held that Robert was not an heir because  he had not “held the child out as his own” and had “refused or neglected to support the child,” as required by Miss. Code Ann. 91-1-15(3)(d)(i). Robert appealed. He argues that it is unconstitutional as applied and that Robert’s other children, Delvyn’s half siblings, are not required to meet the criteria of MCA Sect. 91-1-15 in order to inherit.

Robert Perkins’ brief

Roshida Nelson’s brief

Robert Perkins’ reply brief

Watch the argument here

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