Femi Isijola v. Elizabeth A. Bielecki, Director, New Hampshire Division of Motor Vehicles
AdministrativeLaw ERISA DueProcess
Whether NH. Revised Statute Ann. 260:10 violates the Due Process Clause
ESTIONS PRESENTED New Hampshire Revised Statute Annotated 260:10, the New Hampshire Motor Vehicles Administration of Application Act responsible for suspension of both Petitioner’s Driver’s License and Motor Vehicle Registration has a Criminal Code that provides that a Driver's License and Motor Vehicle Registration may only be | suspended after conviction for material false statement in connection of an | Application procuring the operating and registration privileges for the offense of unsworn falsification in a Court of Law under the Motor Vehicle Code and only after a hearing and whereby the Director, New Hampshire Division of Motor Vehicles failed to provide a pre-suspension hearing prior to those privileges being suspended and the Petitioner was never presented with charges in a Court of Law or indicted by the Grand Jury for the false accusation of procuring a New Hampshire Driver’s License and Vehicle Registration nor convicted in a Court of Law in New Hampshire before the suspension of his Driver's License and Motor Vehicle Registration privileges. | 1 Whether NH. Revised Statute Ann. 260:10, violates the Due Process Clause of | the Fifth and Fourteenth Amendment to the United States Constitution by failing | to provide a non-convicted person falsely accused of procuring his Driver's license | ‘ and Motor vehicle registration, pre suspension hearing prior to suspension of his privileges? 2. Whether the Due Process Clause of the United States Constitution was violated | _ by the actions of the Supreme Court of New Hampshire or its actions, arbitrary and , capricious when it failed to issue a statement of the reasons in a mandatory appeal by right that it automatically accepted for review? 3. Whether an innocent or non-convicted Petitioner is entitled to relief when his Counsel was ineffective and such Petitioner can show both “deficient performance” and “prejudice” that arose from the ineffective assistance of counsel? 4. Whether without citation of authority either statutory or common authority makes a Judge’s order illegitimate? , ii