Supreme Court Report

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Antonio Padilla v. Sally Hulse, Osage County Treasurer, et al.

Paid petition · Court of Civil Appeals of Oklahoma, First Division, No. 119,709 · judgment November 17, 2022


Certiorari denied · February 26, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

QUESTION NO. 1: Did the county treasurer – following the return of a pre-sale, tax resale notice statutorily mailed by certified mail, and then following up with merely a subsequent first class mailing – fail to meet the “additional reasonable steps” standard of Jones v. Flowers, 126 S. Ct. 1708 (2006) for providing minimum constitutional notice by failing to post said notice to the entrance to the premises accessible only by a readily discoverable gate, when the treasurer testified that there were no impediments relative to manpower or costs for posting a notice to the gate, and when the treasurer knew, or had reason to know, that the premises was being used for business activities? QUESTION NO. 2: Did the trial court fail to meet the “additional reasonable steps” standard of Jones v. Flowers, 126 S. Ct. 1708 (2006) for providing minimum constitutional notice by emphatically and insistently relying on a non-existent fact for in support of its ruling? QUESTION NO. 3: Did the trial court violate the minimum constitutional notice requirements set forth in Mullane v. Central Hanover Bank & Trust Co., 70 S.Ct. 652 (1950) by affirming service by first class mail upon the Petitioner at an address of his ex-wife following the return of a pre-sale, tax resale notice statutorily mailed by certified mail?

Counsel of record

For petitioner
Steven Lee Holcombe
Steven L. Holcombe, Attorney at Law

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 26 2024
    Petition DENIED.
  2. Feb 07 2024
    DISTRIBUTED for Conference of 2/23/2024.
  3. Dec 26 2023
    Notice of Docketing and Response Date of Antonio Padilla not accepted for filing. (February 09, 2024 -- Document not of the type that is required to be efiled)
  4. Dec 15 2023
    Petition for a writ of certiorari filed. (Response due January 22, 2024)