Ludwig P. Samson, Trustee for the Heirs and Next of Kin of Christine R. Samson, Deceased v. Jack W. Gordon, et al.
DueProcess JusticiabilityDoctri
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
QUESTIONS PRESENTED FOR REVIEW 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 a_ state statute retroactively surprising the litigant and failing to provide the opportunity to invoke his substantive rights under the 5 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 overruling of a consistent line of procedural decisions and expanding a _ state statute retroactively. i