Legal Opinion · Dissent

Hodges v. State

Court of Criminal Appeals of Oklahoma

Decided August 3, 1982No. M-81-762Published

1DissentBrett, Presiding Judge

I would respectfully dissent. The issue is whether the fact that the appellant did not receive notice of his suspension operated to deny him the process due any defendant who is subjected to criminal penalties for his behavior. Service of notice of a license revocation or suspension by registered or certified mail is statutorily permitted. 47 O.S.1971, § 6-209. However, it is not the validity of the suspension absent actual notice that is at issue, but rather that degree of notice which is required to impose criminal punishment.

The Supreme Court has indicated that due process must be…

2Cases cited3 opinions

  1. Bell v. BursonSupreme Court of the United States · 1971
  2. City of Albuquerque v. JuarezNew Mexico Court of Appeals · 1979
  3. State v. VerdiromeConnecticut Superior Court · 1980

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