Ludwig P. Samson, Trustee for the Heirs and Next of Kin of Christine R. Samson, Deceased v. Jack W. Gordon, et al.
1)
Is a litigant denied due process in the primary
sense of having an opportunity to present his
case when a state's highest court overrules a
consistent line of procedural decisions and
expands
state
statute
retroactively
a
surprising the litigant and failing to provide
the
opportunity to invoke his substantive
rights under the 5th and 14th Amendments of
the U.S. Constitution (equality of treatment).
2)
Do the rules for a state's highest court
prohibiting the filing of a motion for rehearing
on a denial of a petition for review deprive a
litigant of the opportunity to be heard on
allegedly
unconstitutional
claims
the
g of a consistent line of procedural
overruling
decisions
and
expanding
a
state
statute
retroactively.
Is a litigant denied due process when a state's highest court overrules a consistent line of procedural decisions and expands a state statute retroactively