3d 1067] HLA test are concerned, the trial court has little discretion to refuse to order these tests, providing a timely request is made by a party. Raymon Lee Cramton (June 11, 1937 - July 24, 2012), known professionally as Chad Everett, was an American actor who appeared in more than 40 films and television series. 2d 7, 14 [303 P.2d 75].) App. In September 1973, appellant Sheila Scott (Scott) filed a paternity action (referred to hereinafter as the original action) against respondent Chad Everett (Everett) alleging him to be the father of her minor child Dale Everett (Dale). App. fn. Mitchell, Silberberg & Knupp, Edward M. Medvene, Marilyn E. Levine, Michael Barclay and Daniel A. Weber for Defendant and Respondent. We held that the trial court erred in concluding that (1) a petition pursuant to Probate Code section 1431 was unnecessary and (2) that the earlier stipulated judgment was binding on Dale. I came into the bedroom with a big pot of coffee one morning and said 'we have a major problem to deal with here.'" 2d 647, 652 [51 Cal. FN 16. See Photos. who claimed her son Dale (born 1973) was Everett's. 12. He was born Raymon Lee Cramton on June 11, 1937 in South Bend, Indiana. Rptr. In 1987, Chad also lent his voice for the character Ultraman Chuck in Ultraman: The Adventure Begins. In July 1974, Dale's guardian ad litem brought the instant action against both Scott and Everett under Civil Code section 231 fn. They were married for 45 years. July 25, 2012, 10:15 AM. During that time, he looked at her paintings. In this case, defendant's instruction number 7 correctly stated the law and the trial court properly gave it. Save my name, email, and website in this browser for the next time I comment. On or about August 22, 1972, Scott took her son, Glen, by a prior marriage, on a cruise to Greece. pp. App. Rptr. 11. I am going to do it here so that you can see what happens to someone if you let a substance take control of you. fn. In 1973, actress Sheila Scott proceeded a case against Chad three times stating that her son Dale was fathered by him. 2d 178, 180 [61 Cal. A woman who pleaded guilty to making threatening telephone calls to actor Chad Everett was sentenced to three years' probation and ordered to undergo a psychological evaluation. 3d 65, 69 [129 Cal.Rptr. In 1987, Everett supplied the voice of Ultraman Chuck in the English version of the animated movie Ultraman: The Adventure Begins and voiced several characters in the animated television series The New Yogi Bear Show. His performances in Psycho (1998) and Mulholland Drive (2001) are widely regarded as his best. Chad Everett debut show was Warner Brothers detective series, Surfside 6, in 1960. In the years that followed, he appeared in a number of television shows, including Centennial and Hagen. The size of that group will depend upon the number of markers the particular system utilized and how frequently a given blood type occurs in the general population. [4] But, the results of the tests are still subject to the usual rules of evidence, and their admissibility depends upon a showing of relevance and the laying of an adequate foundation in the forum of a pretrial evidentiary hearing. The "nuisance offer" was $10,000, which Everett considered to be the value of the costs involved in going ahead with a lawsuit--the legal fees and the emotional costs involved such as reading the stories in the press and the emotional burden on his family. 1981, ch. Dale still did not submit any instruction on the HLA test results. The blue-eyed, dark-haired . Unless the jury is persuaded that the preliminary fact exists, it is not permitted to consider the evidence. A 5-year-old was rescued on Monday after he and his mother jumped into the Niagara Gorge in Niagara Falls State Park, a parks spokeswoman said. Everett's daughter, Katherine Thorp, said he died Tuesday at his home in Los Angeles after a year-and-a-half-long battle with lung cancer. [] You must therefore bear in mind that neither the making of such an assumption, nor the probability of paternity results, constitute any evidence that Mr. Everett had sexual intercourse with Ms. Scott at or about the time the minor was conceived. At the height of his career, Chad Everett starred as Dr. Joe Gannon on the hit show "Medical Center." In the years that followed, E.R would eventually replace it as the top medical . In high school, he did stage plays and wanted to become an actor. A note from the jury during deliberations clearly indicated the jury considered the instruction mandatory and would have returned a different verdict had it had "any other choice." Rptr. He was 75 years old. Chad Everett debut show was Warner Brothers detective series,Surfside 6, in 1960. He landed jobs on episodic TV shows beginning in 1961 and then won a featured role on the TV western The Dakotas in 1963. 266, 1, p. The woman was crazy and harassed/threatened him and his family for years until she was prosecuted for threatening to kill him and his wife. 3d 696, 699 [170 Cal. Rptr. 2d 244, 255 [32 Cal. The inclusionary result could be and was considered by the jury with the other evidence as circumstantial evidence that intercourse had taken place. [9] "It is well established that it is the responsibility of counsel to propose correct instructions and the court has no duty to modify erroneous instructions submitted to it." Given the acceptance of the HLA test and other tests in the scientific community and their admissibility at trial to prove paternity, provided a proper foundation is laid, the question arises as to what blood tests a trial court must order at the request of a party or on its own motion pursuant to section 892. Dr. Culiner testified that when he measured the height of the fundus (a measurement of the height of the uterus to determine pregnancy) on September 25, 1972, he noted it to be a six-week size, placing the onset of Scott's last menstrual period on or about August 14--seven days later than Scott claimed, and two days prior to the alleged date of conception. On May 25, 1973, Scott gave birth to Dale and some time afterwards suffered an emotional breakdown. According to her February 1973 deposition, fn. He was 75. 1709.). Although we agree with the result reached in County of Fresno, we question that court's reliance on section 893 in making the order of HLA test mandatory by the trial court upon request of a party. 13 (Paternity Testing, supra, at p. 512, fn. (Alinda V. v. Alfredo V., supra, 125 Cal. 408. According to Scott's testimony, Everett stayed in her apartment that night until 10 or 10:30 p.m. and during that four-and-one-half-to-five-hour period they engaged in sexual intercourse, had some drinks and looked at her paintings. In addition to Thorp, he is survived by his other daughter, Shannon Everett, and six grandchildren. Haracek testified the only settlement considered at the time was a 'nuisance value' amount roughly equivalent 'to the cost of defending a trial.'. With heavy hearts, we announce the death of Chad Everett Stewart of Trinity, Texas, born in San Antonio, Texas, who passed away on July 4, 2021 at the age of 32. Because appellant did not sustain his burden of first proving sexual intercourse had taken place before reaching the issue of paternity using evidence of the blood test results, the result would not have been different had the additional blood tests been ordered. Chad Everett was 75. After 11 years of battle, the court ruled in favor of Everett. The annuity was subsequently increased to $400 a month by court order. He supposedly had an out of wedlock child that was never legally determined to be his. CAPTION: Chad Everett and his wife, actress Shelby Grant, in 1975(SOURCE: LA Times) Everett, best known for his 1970s role as the ruggedly handsome surgeon Joe Gannon in "Medical Center," died Wednesday at age 76 after an 18-month long battle with lung cancer. Chad Everett and wife Brenda Lee Thompson attend First Annual American Film Institute Lifetime Achievement Awards Honoring John Ford on March 31,. 660], dealt with the question of the trial court's discretion to deny a motion under section 893 for an HLA test. Rptr. Rptr. 2d 116, 122 [251 P.2d 687]; see also Lane v. Pacific Greyhound Lines (1945) 26 Cal. Chad Everett, United States Actor. Elliott: Kings use their heads over hearts in trading Jonathan Quick, U.K. reality TV star Stephen Bear is sentenced to 21 months for OnlyFans revenge porn, Pics or it didnt happen: Rebel Wilson claims selfie got her banned from Disneyland, Review: Andrea Riseborough and campy Please Baby Please deconstruct gender and the 1950s, Hosts Dan Hughes and Carolyn Gracie depart QVC as parent company announces layoffs, Bruce Willis steps out with friends after announcement of dementia diagnosis. App. Chad Everett, who played a young, sensitive surgeon for seven seasons on the 1970s CBS drama "Medical Center," died Tuesday of lung cancer at his home in L.A. Before the war ended in 1984, the two had been fighting for 11 years. How did Tudor sherrard die? App. Everett's daughter says he died Tuesday at his home in Los Angeles after a year-and-a-half-long battle with lung cancer. There is no requirement in section 895 or elsewhere that the preliminary fact question whether intercourse occurred be submitted upon evidence which assumes the answer that it purports to prove. ( 403, subd. 529, 593 P.2d 226].) ), The Jury Instructions Regarding the HLA Probability of Paternity Results Were Proper. Specifically, the jury's general verdict "imports findings in favor of the prevailing party on all material issues; and if the evidence supports implied findings on any set of issues which will sustain the verdict, it will be assumed that the jury so found. Song I wrote a couple months ago called "Fire" My friend Vic helped me with the back up vocals. They have two daughters named Katherine Everett and Shannon Everett. 6 Scott entered the word [150 Cal. After completing his high school studies from Fordson High School, Chad Everett attended and graduated from the Wayne State University in Detroit. Please accept Echovita's sincere condolences. What is Chad Everett's illegitimate son's name? During this time, she met Everett, who at the time played the leading role of "Dr. Joe Gannon." We disagree. Chad Everett was married to actressShelby Grant. Since such test results are quite inconclusive indicators of the likelihood of paternity, they have been held inadmissible as affirmative proof of paternity. Get free summaries of new California Court of Appeal opinions delivered to your inbox! Everett said he did not mind the change because he was tired of explaining his real name: "Raymon-no-D, Cramton-no-P."[4] He was raised in Dearborn, Michigan, where he attended Fordson High School. Hereinafter, all references shall be to the Evidence Code unless otherwise indicated. ; and Route 66. Everett died July 24, 2012 at his home in Los Angeles after a year-and-a-half-long battle with lung cancer. In such cases, the jury should be appropriately instructed. On this Wikipedia the language links are at the top of the page across from the article title. See Photos. In 2001, Everett played one brief scene with Naomi Watts in David Lynch's Mulholland Drive. 6.) The court responded that the jury should consider all the evidence in whatever order it wished. Rptr. On Friday, May 18, 2001 at 10:29:20 AM UTC-7, Ruffcute3 wrote. His father was a racecar driver. App. (Sadly, no readily available photos allow us to see this for ourselves!) Chad Everett was an American actor who is best remembered for his role of Dr. Joe Gannon in 'Medical Center,' a CBS television series that was a hit with the audience from 1969 to 1976. 351", "Everett v. Everett (1984) 150 Cal. Procedure (2d ed. Many of the immunologic and biochemical blood tests available to aid in determining paternity are extremely costly and/or can be administered only in a limited number of laboratories around the country; some of the results of such tests may add little to the likelihood of determining that a certain man is not the father. He also was married for 45 years To the same woman and had two children. Sign Up. "For example, if P offers evidence of his negotiations with A in his contract action against D, the judge must admit the evidence if there is other evidence sufficient to sustain a finding that A was D's agent. App. 620.) After his first meeting, he never drank again and became focused on his Christian faith. Dale's argument that it directed a verdict against him cannot stand. Division five of this district reversed, holding that the compromise judgment, although valid between the parties, had not been approved by the court pursuant to the provisions of Probate Code section 1431 fn. 692]. In Dodd, the court held blood tests could not be used affirmatively to prove paternity. "I went into acting because I'm easily bored", Everett once said. 3d 133 [154 Cal. She successfully became a contract. He signed a contract with MGM in 1964 and appeared in Made in Paris with Ann-Margret and The Singing Nun with Debbie Reynolds in 1966. (Finley v. City & County of S. F. (1952) 115 Cal. "I will have to live on different terms without her now," he said. den.,401 U.S. 994 [28 L. Ed. Chad Everett had a height of 6 feet and 1 inch. While the Landsteiner Series yields only inconclusive results on the likelihood of paternity, it is regarded as conclusive in its showing of nonpaternity. There are now as many as 62 blood typing procedures which, if applied in combination, would establish nonpaternity for approximately 98 percent of the mistakenly accused men. He also published a book of romantic poetry for his wife Shelby Grant. ANYTHING. For example, if the disputed preliminary fact is the authenticity of a deed, it hardly seems necessary to instruct the jury to disregard the deed if it should find that the deed is not genuine. She was ordered to undergo psychological testing and to never publicly declare that Everett was Dale's father. A 44-year-old man who died Tuesday in a head-on crash in Tacoma has been identified as Dale Everett. FN 1. After Everett left, Glen returned at 11 p.m. Everett's testimony to the events and circumstances surrounding Scott's pregnancy and the relationship of the parties conflicted sharply with Scott's testimony. 3d 821, 839 [161 Cal. The evidence was uncontradicted that an HLA test could show that a defendant biologically could not be the father or it could show that a defendant is biologically within the class that could be the father. If it's the same one and not another out of wedlock babyfrom Everett, the mother left the baby on Everett's doorstep (I think it was atthe studio where he worked) and got into trouble with the police. He was 76. Rptr. The lengthy and complicated paternity suit finally ended in 1984 . I remember this case. [Civ. Chad Everett Van Every, 54, of Union City passed away Friday, February 10, 2023 unexpectedly at his home of natural causes. Evidence (2d ed. (Everett v. Everett (1976) 57 Cal. 3d 1057]. Subdivision (c), therefore, permits the judge in any case to instruct the jury to disregard conditionally admissible evidence unless it is persuaded of the existence of the preliminary fact; further, subdivision (c) requires the judge to give such an instruction whenever he is requested by a party to do so." After his role in Mulholland Drive, he took a decade off from acting before returning in 2011 as a regular on the series Chemistry. Everett died Tuesday at his home in the Los Angeles area after battling lung cancer, his daughter Katherine Thorp told the Associated Press. LOS ANGELES -- Actor Chad Everett, lead in the old 'Medical Center' television series, denied Wednesday he was ever sexually intimate with an extra in the series who claims he fathered her. 'She let me know she was pregnant and she was going to claim that I was the father,' Everett testified, adding that Miss Scott threatened his career and his family. opn.] The couple remained married for 45 years until her death after a brain aneurysm on June 25, 2011. Grant died in June 2011 as the result of a brain aneurysm after 45 years of marriage. Chad Everett Ninety-Five Percent Probable To Be Dale's Father June 14, 1984. Such blood tests requested by a party pursuant to section 892 must be ordered by the trial court absent a showing of extreme hardship. Chad Everett died on July 24, 2012, in his home after battling with lung cancer for eighteen months. He was widely recognized for his role on CBS' drama Medical Centeras Dr. Joe Gannon. About Chad Everett. Dale Everett, 79 of Cedar Rapids, died Wednesday, February 13, 2008 at his home from COPD. (29B West's Ann. The entries of "Siam" that appeared on July 10 and again on August 7 were also written in green ink. In this appeal, we affirm a judgment following a jury verdict finding the defendant and respondent not to be the father of the minor child. Less than 90 percent probability of paternity is considered a low probability of paternity and is inconclusive in resolving the paternity issue. He was born in South Bend, Indiana, in 1937, to Virdeen Ruth (ne Hopper) and Harry Clyde . Pursuant to Dale's objections to defendant's instructions 7 and 8, Everett modified both instructions and the modified instructions were discussed at the conference following closing arguments. View the profiles of people named Chad Everett. In addition to the extensive testimony and numerous exhibits, the jury also had an opportunity to view Dale and Everett together in the courtroom and observe any similarities or dissimilarities between them. (Id, at p. Everett died Tuesday at his home in the Los Angeles area after. 8]. All of the blood grouping systems used to determine paternity are based on the fact that certain genetic markers present in the blood are inherited directly from each parent. 2d 713, 719 [221 P.2d 9]; Escamilla v. Marshburn Brothers (1975) 48 Cal. The matter proceeded to trial on October 19, 1981. Learn how and when to remove this template message, "Chad Everett, Dashing Dr. Gannon of 'Medical Center', Dies at 75", "TV star Chad Everett dies at 75; best known for role in 'Medical Center', "Chad Everett, Handsome Star of TV's 'Medical Center,' Dies at 75", "Shelby Grant Everett (1936 - 2011) obituary", "Actress from Wagoner led life of fame, philanthropy", "Chad Everett's Death: Did Alcohol Cause '70s Hearthrob's Lung Cancer? Unanswered Questions . From the evidence adduced, the jury concluded that Everett was not Dale's father despite the 94.67 percent probability of paternity from the HLA test. FN 6. The California Court of Appeals then found in Everetts favor. "[4] His name was later changed to Chad Everett by his agent Henry Willson. Shelby was born in Oklahoma on Oct. 19, 1936, the daughter of Lawrence and Mae Thompson. Everett maintains that he and Scott never had intercourse. Scott further testified that this intimate relationship culminated in sexual intercourse on August 16, 1972, when Everett took Scott home to her apartment, and that as a result, she conceived Dale. Despite the rapid growth in this field of genetic research and the significant increase in the ability of such tests to exclude men who could not be the father and to indicate the probability of paternity of those men not so excluded, test results which did not exclude the alleged father continued to be held inadmissible until 1979. "'Finally,' I said, 'I am really in trouble'. Copyright 2023 United Press International, Inc. All Rights Reserved. | The Dick Cavett Show Share We find this contention lacking in merit as well. Dale cannot now claim reversible error where the trial court gave the instruction he requested which instruction caused confusion when considered with other instructions. (Zhadan v. Downton Los Angeles Motor Distributors, Inc. (1979) 100 Cal. Everett landed his breakthrough role as Dr. Joe Gannon in the medical drama, Medical Center in 1969 with costar James Daly. At the time the Uniform Act was adopted, only the Landsteiner series of red cell blood grouping tests had been endorsed by the American Medical Association as sufficiently accepted within the scientific community to be legally valid. 839], where the trial court found that the 98.95 percent probability of paternity from the HLA test was "inaccurate and not entitled to any evidentiary weight." The comments state: "Subdivision (c) relates to the instructions to be given the jury when evidence is admitted whose admissibility depends on the existence of a preliminary fact determined under Section 403. The Assembly Committee on Judiciary's Comments to section 403, subdivision (c), addresses the very problem presented to the trial court in the instant appeal. [150 Cal. It was until his time in the university that Chad Everett developed a love for acting. Court of Appeals of California, Second Appellate District, Division Three. Terasaki and Mickey are experts in the fields of HLA testing and statistical calculations, respectively, like the laboratory technician in Alinda V., neither knew the extent or nature of the evidence to be presented at trial and neither knew anything about the specific facts of the case or points of dispute. Testifying in a jammed-packed Superior Court, Everett said he saw Sheila Scott only once, on Aug. 16, 1972, outside the MGM location where the series was shot. Facebook gives people the power to. Res. Chad Everett was cast as youthful doctor Joe Gannon in the medical drama, . He was widely recognized for his role on CBS drama Medical Center as Dr. Joe Gannon. ), FN 14. (Huntingdon v. Crowley (1966) 64 Cal. App. On October 30, 1981, prior to closing arguments, a conference to discuss proffered jury instructions was held at which all counsel for the parties were present and Dale objected to Everett's proposed instructions 7 and 8 then. 2d 654, 663, 151 P.2d 317, 322 (1944). FN 11. Both experts on the HLA probability-of-paternity results, Dr. Terasaki and Dr. Mickey, the statistician in the Terasaki laboratory, testified that the statistical formula used to determine the probability of paternity assumes that there is a 50 percent chance that the defendant and mother had intercourse and that the defendant is indeed the father of the child. ), In 1978, Dale's action was resumed in the superior court. [2][3] Some confusion existed regarding the year of his birth. Everett, who is married and has two daughters, 10 and 12 years old, said he spent about 15 minutes in Miss Scott's apartment looking at her paintings, but he denied, as she has claimed, that they had sexual intercourse. 3d 1066]. However, during cross-examination, a portion of Scott's February 9, 1973, deposition (see fn. Subsequently, the jury returned a verdict in favor of Everett, finding him not to be Dale's father. App. 12 utilize only a limited number of genetic factors, and when applied together, the probability of excluding a mistakenly accused defendant is only 53.9 percent. 881-882. See Photos. "Frequently, the jury's duty to disregard conditionally admissible evidence when it is not persuaded of the existence of the preliminary fact on which relevancy is conditioned is so clear that an instruction to this effect is unnecessary. (c)(1).) You do not have permission to delete messages in this group, Either email addresses are anonymous for this group or you need the view member email addresses permission to view the original message, do not know if ms Bakley was murdered because of baby issuehowever I admire, Filing a civil suit would for child support would require that a "father". The experts further testified that the 50 percent assumption has no scientific basis, but is employed precisely because nothing is known about whether intercourse actually took place between the parties at a time when conception could have occurred. 3d 1069] a jury trial because the instructions invaded the province of the jury to determine the weight to be given to the HLA blood test results and in effect directed a verdict against him and Scott. CV NEWS FEED // March for Life Action President Thomas McClusky wrote a letter to Congress Monday decrying the Biden administration's plans to prop up the abortion industry with taxpayer funding from the upcoming $3.5 trillion spending bill. ), By requiring trial courts to order more than one blood test, we are by no means ruling on the admissibility of such tests. 3d 873, held admissible the results of an HLA test to prove paternity, distinguishing the HLA test involved in that case from the tests involved in Dodd v. Henkel (1978) 84 Cal. The court's response: "You will consider all of the evidence in what ever [sic] order you wish, and you will give it the weight and value you determine it to be worth.". Rptr. FN 20. App. The instruction was neither improper, nor prejudicial, nor did it direct a verdict. This contention also fails to convince us. At trial, Dale was allowed to argue that the inclusionary results of the HLA blood test (i.e., that Everett was among the 2.8 percent of the population of potential fathers) constituted circumstantial evidence that intercourse had occurred since it corroborated Scott's testimony. Raymon Lee Cramton (June 11, 1937 - July 24, 2012), known professionally as Chad Everett, was an American actor who appeared in more than 40 films and television series. Dale further argues that this instruction improperly emphasized one part of the evidence in favor of the defendant and that this is cause for reversal. (b)(1);Greyhound Corp. v. Superior Court (1961) 56 Cal. Since the jury could have resolved the issue of paternity on that theory alone, the failure to order the additional blood tests could not have been prejudicial to appellant. Asked By Wiki User. It is apparent there was some confusion in the jury over the order in which it was to consider the evidence in reaching a verdict. 6; for a more detailed discussion of these blood grouping systems and others, see Joint AMA-ABA Guidelines: Present Status of Serologic Testing in Problems of Disputed Parentage (1976) 10 Fam.L.Q. Los Angeles, This fabled orchid breeder loves to chat just not about Trader Joes orchids. Are we to consider all evidence (HLA, fertility, and photos of Dale) prior to deciding the intercourse issue?" Raymon Lee Cramton (June 11, 1937 July 24, 2012), known professionally as Chad Everett, was an American actor who appeared in more than 40 films and television series. FN 13. Dale Everett. [1a] Although the additional blood tests requested by Dale could properly have been ordered by the trial court in July 1981, without unduly delaying the trial, Dale was not prejudiced by the trial court's failure to order the additional tests since they would not have changed the result at trial. 3d 1070] it found the assumption to be invalid, it could accord less weight or disregard altogether the probability of paternity results. Rptr. A lock of hair from an old item. Rather, we hold that section [150 Cal. (Paternity Testing , supra, 20 Santa Clara L.Rev. Early life. His movie roles included parts in Airplane II: The Sequel (1982), the 1998 remake ofPsychoand Mulholland Dr. (2001). He [150 Cal. Everett's daughter, Katherine Thorp, said he died Tuesday at his home in Los Angeles after a year-and-a-half-long battle with lung cancer. He routinely gave his age as consistent with a birth date in 1937. Meanwhile, according to other web sources, his net worth at the time of his death in 2012 was $7 million. On that occasion, the actor recalled, Miss Scott asked him for a ride home. An old letter from him might have DNAon the seal (saliva). The handsome TV star who played Dr. Joe Gannon in the '70s was 75. 3d 1064] the prevailing party." 297]; People v. Bynon (1956) 146 Cal. FN 8. You must bear in mind that the probability of paternity results of this blood test are in part based upon the assumption that there is a 50 percent chance that Mr. Everett is the minor's father, and a 50 percent chance that a random man is the minor's father. Harry, his father, was a racecar driver, mechanic, and auto parts salesman. It should be easy for an investigator to getDNA off of Mr. Everett. After graduating from Oklahoma University, she moved to Los Angeles to pursue an acting career. Dale's motion for a new trial was denied and he filed a timely notice of appeal. Beginning in 1973, actress Sheila Scott initiated court proceedings against Everett three times, claiming her son Dale (born 1973) was fathered by him. (See also United States v. Distler (6th Cir. 3d 133 [154 Cal. On cross-examination, it was revealed that the dates of June 18, July 10, and August 7, were not the only dates the word "Siam" appeared in the diary. [19][20][21][22] In 1991, Scott was sentenced to three months' probation following a guilty verdict of "harassing" Everett for 18 years, including death threats against him and his wife. It would appear that the culprit in creating the jury's confusion was instruction A which appears to squarely contradict instruction number 7. fn. [11][12] Everett credited his family with being a stabilizing force in his life, stating that even in the worst of times, Grant "never threatened to leave. However, to infer from the probability of paternity results, which assume intercourse had occurred, that indeed Everett and Scott engaged in sexual intercourse is clearly a bootstrapping enterprise, and the trial court properly circumvented this endeavor.