The judges said the challenge was filed too late and his objections should have been raised before the Supreme Court ordered DNA testing in the paternity challenge filed by Anna Nicole’s ex, Larry Birkhead.

Justice Emmanuel Osadebay noted that Mr Stern himself had agreed to DNA testing - and even suggested an expert to do the analysis - but waited until a week after the sample was taken to file the a challenge to the court’s decision.

"His problem is that the person he wanted to do the testing was not the one selected by the court," Osadebay said.

Anna Nicole killed by drug overdose - Mar 27 2007
Former Playboy model Anna Nicole Smith was killed by a lethal combination of an accidental overdose of sleeping medication together with other prescription drugs, authorities in the US have announced.

Foul play had been ruled out and the case was effectively now closed, police said, ending weeks of speculation over her sudden death.

But the medical examiner said she might still be alive had she not refused to go to hospital when she was suffering from a raging fever three days earlier.

The sleeping medication chloral hydrate was ruled to be the main factor but it combined with several other drugs, including anti-depressants, to cause the 39-year-old’s death in a Florida hotel room in February.

In total, around nine prescription drugs were found in her blood though not all contributed to her death, the autopsy ruled.

An infection in her left buttock stemming from a previous injection of drugs, together with a case of flu, also contributed.

Addictive drugs such as opiates and cocaine were not found in the tragic starlet’s system, and there was no evidence of illegal drugs in the room where she was found unconscious, nor of disease.

Detectives checked a laptop computer belonging to her partner Howard Stern and discovered no evidence suggesting criminal activity.

"We found nothing to indicate any foul play," Seminole Police chief Charlie Tiger said.

"We are convinced based on an extensive review of the evidence that this case is an accidental overdose with no other criminal elements present."

Anna death report to be released - Mar 26 2007
The murky circumstances surrounding Anna Nicole Smith’s death could become clearer today, when authorities are expected to release the results of the former pin-up’s post mortem.

It comes more than six weeks after the former Playboy Playmate was found unresponsive at her hotel suite in Hollywood, Florida.

The autopsy results were expected weeks ago but have been repeatedly delayed, in part because Broward County medical examiner Dr Joshua Perper said he received additional evidence from the Seminole Police Department.

Police are investigating the starlet’s death because the Seminole Hard Rock Hotel and Casino where she was staying when she died is located on tribal land.

Perper’s initial autopsy report was released a day after Anna Nicole’s death, but he said extensive tests were being performed to search for all manner of causes.

Perper’s initial tests found no evidence that the star had taken large amounts of prescription medication.

There were signs of inflammation in Anna Nicole’s heart. Perper said it was "something which looks a little bit unusual" but may be nothing.

There has been speculation of possible criminal activity.

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