Opinion · Supreme Court of the United States

Robinson v. Hanrahan

Robinson v. Hanrahan, 34 L. Ed. 2d 47 (1972)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1972-10-24
Topic
general

holding that a notice of forfeiture sent to an owner’s home was inadequate when the state had knowledge that the owner was in prison | holding that notice of forfeiture proceedings sent to a vehicle owner’s address of record was inadequate where the state knew that the property owner was in prison | holding that notice of a property forfeiture was inadequate despite compliance with Illinois’ forfeiture statute because the State knew that the appellant was incarcerated at the time the notice was sent | holding that mailing that the government knew would not accomplish notice was insufficient | holding that service regarding state foreclosure proceedings sent to the last known address of a prisoner was not “reasonably calculated” to reach the prisoner when the State knew that the prisoner was not at the address to which the notice was mailed | holding notice of forfeiture sent to address State knew to be inaccurate or defective insufficient | holding notice of forfeiture sent to address State knew to be inaccurate or defective insufficient | holding notice of forfeiture sent to address State knew to be inaccurate or defective insufficient | holding notice of forfeiture proceedings sent to a vehicle owner’s home address was inadequate when the State knew that the property owner was in prison | holding notice inadequate when “the State knew that [the owner] was not at the address to which the notice was mailed and, moreover, knew also that [the owner] could not get to that address since he was at that very time confined” | due process violated when forfeiture notice mailed to the home of .a defendant who was in jail throughout the proceeding | notice of state forfeiture proceedings was inadequate when mailed to claimant’s home while claimant was imprisoned | "Mullane held that notice by publication is not sufficient with respect to an individual whose name and address are known or easily ascertainable.” | notice by certified mail to automobile owner's home violated due process in forfeiture proceedings where the state knew that the owner was being held in the county jail | state forfeiture proceedings invalid where notice was sent to appellant’s home though state knew appellant was in jail | due process violated when forfeiture notice mailed to home of defendant who was in jail throughout proceeding | notice sent to an address listed with the secretary of state was insufficient because the appellant’s incarceration provided the state knowledge that he would not receive mail at his residence | where state knew appellant was in jail, mailing notice of forfeiture to his home was not reasonably calculated to afford him notice of proceedings | deprivation of due process of law when state mailed notice to claimant's home despite knowledge that claimant was in prison | “the State knew that appellant was not at the address to which the notice was mailed” (emphasis added) | “Mullane held that notice by publication is not sufficient with respect to an individual whose name and address are known or easily ascertainable.” | notice of forfeiture procedure mailed to an address known by the state to be inaccurate was defective | " Mullane held that notice by publication is not sufficient with respect to an individual whose name and address are known or easily ascertainable." | “notice must be reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections” | notice by certified mail to automobile owner’s home violated due process in forfeiture proceedings where the state knew that the owner was being held in the county jail | where the government is aware that an interested party does not reside at the address, but relies only on notice sent to that address, such notice is not reasonably calculated under the circumstances | service in state foreclosure proceedings sent to a prisoner’s last known address was not reasonably calculated to reac

Citator

Cited by
132 opinions
Per Curiam.

On June 16, 1970, appellant was arrested on a charge of armed robbery and, immediately thereafter, the State of Illinois instituted forfeiture proceedings against appellant’s automobile pursuant to the Illinois vehicle forfeiture statute, Ill. Rev. Stat., c. 38, § 36-1 et seq. (1969). Appellant was held in custody in the Cook County jail from June 16, 1970, to October 7,1970, awaiting trial. Nevertheless, the State mailed notice of the pending forfeiture proceedings, not to the jail facility, but to appellant’s home address as listed in the records of the Secretary of State. 1 It is undisputed that ap *39 pellant, who remained in custody throughout the forfeiture proceedings, did not receive such notice until his release. 2 After an ex parte hearing on August 19, 1970, the circuit court of Cook County ordered the forfeiture and sale of appellant’s vehicle.

Upon learning of the forfeiture after his release, appellant filed a motion for rehearing, requesting that the order of forfeiture be set aside because the manner of notice did not comport with the requirements of the Due Process Clause of the Fourteenth Amendment. The circuit court of Cook County denied the motion. On appeal, the Supreme Court of Illinois, three justices dissenting, held that, in light of the in rem nature of the proceedings, substituted service as utilized by the State did not deny appellant due process of law. People ex rel. Hanrahan v. One 1965 Oldsmobile, 52 Ill. 2d 37, 284 N. E. 2d 646 (1972). We cannot agree.

In Mullane v. Central Hanover Bank & Trust Co., 339 U. S. 306 (1950), after commenting on the vagueness of the classifications "in rem, or more indefinitely quasi in rem, or more vaguely still, ‘in the nature of a proceeding in rem,’ ” this Court held that “the requirements of the Fourteenth Amendment to the Federal Constitution do not depend upon a classification for which the standards are so elusive and confused generally and which, being primarily for state courts to define, may and do vary from state to state.” Id., at 312. “An elementary and fundamental requirement of due process in *40 any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” Id., at 314. More specifically, Múlleme held that notice by publication is not sufficient with respect to an individual whose name and address are known or easily ascertainable. Similarly, in Covey v. Town of Somers, 351 U. S. 141 (1956), we held that, in the context of a foreclosure action by the town, notice by mailing, posting, and publication was inadequate where the individual involved was known by the town to be an incompetent without the protection of a guardian. See also Schroeder v. New York, 371 U. S. 208 (1962); Walker v. City of Hutchinson, 352 U. S. 112 (1956); New York v. New York, N. H. & H. R. Co., 344 U. S. 293 (1953).

In the instant case, the State knew that appellant was not at the address to which the notice was mailed and, moreover, knew also that appellant could not get to that address since he was at that very time confined in the Cook County jail. Under these circumstances, it cannot be said that the State made any effort to provide notice which was "reasonably calculated” to apprise appellant of the pendency of the forfeiture proceedings. 3 Accordingly, we grant the motion for leave, to proceed in forma pauperis, reverse the judgment of the Supreme Court of Illinois, and remand for further proceedings not inconsistent with this opinion.

1

Under Illinois law, the address of a vehicle owner must be registered in the office of the Secretary of State. Ill. Rev. Stat., c. 95%, §3-405 (1971). The Illinois vehicle forfeiture statute authorizes service of notice by certified mail to the address as listed in the records of the Secretary of State. Ill. Rev. Stat., c. 38, § 36-1 (1969).

2

Appellant was tried on October 7, 1970, for the offense of armed robbery. The court, sitting without a jury, found appellant guilty only of plain robbery and sentenced him to probation for three years, the first four months of which to be served in the Cook County jail. In light of appellant’s pretrial detention, the four-month requirement was “considered served” and appellant was released immediately on his own recognizance.

3

Since we dispose of this case on the notice question, we do not reach the additional issues raised by appellant.