Miller v. Tanaka

I disagree with the conclusion of the majority, contained in Part I of the opinion, that “[u]nder rudimentary requirements of due process, Petitioner was entitled to the opportunity to rebut the statement of good cause.” Majority opinion at 136.

The record in this case indicates that Petitioner never requested the issuance of a subpoena, summoning the person who requested the continuance to appear at the hearing. There is also no indication in the transcripts of the administrative revocation hearing that the person who requested the continuance was available to testify at the hearing.

If…