Ludwig P. Samson, Trustee for the Heirs and Next of Kin of Christine R. Samson, Deceased v. Jack W. Gordon, et al.

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 5th and 14th Amendments of the U.S. Constitution (equality of treatment).

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.