Rao v. Gunn

The narrow issue in this appeal is whether an agency of the State violates constitutional guarantees of due process of law when it takes a citizen’s property without hearing him, knowing he wishes to be heard but cannot, because another agency of the State prevents him *762from appearing. The majority says it does not. I agree with the courts below that it does and, therefore, I dissent.

The facts are not in dispute. Petitioner was indicted and tried for manslaughter, second degree, for the October 13, 1979 stabbing death of his wife. On July 23, 1980 he was acquitted by reason of mental disease…