Jerry D. Criner - Page 11

                                       - 11 -                                         
          hearing.5                                                                   
               On March 22, 2002, petitioner and his sister, Jeannie                  
          McLelland, attended the hearing.  Among other things, petitioner            
          and Ms. McLelland placed on the record of the hearing a statement           
          that they had intended to call approximately 12 witnesses but               
          that they were told by Mr. Penny before the hearing that their              
          witnesses could not appear and testify.  Mr. Penny acknowledged             
          their statement and did not deny its accuracy, but he also                  
          reminded petitioner of his request for testimony in the form of             
          affidavits under oath.  During the hearing, Mr. Penny also                  
          explained that he had reviewed the information in petitioner’s              
          case file and had verified that all applicable laws and                     
          administrative procedures governing the filing of a nominee NFTL            
          had been met.                                                               
               During the hearing, petitioner argued that his deceased                


               5Petitioner did not raise any issue regarding Mr. Penny’s              
          apparent prohibition of live testimony from witnesses at the                
          hearing or at the trial before this Court.  Petitioner did not              
          argue in his trial memorandum or posttrial brief that the                   
          prohibition regarding live testimony deprived him of a fair                 
          hearing.  Moreover, we note that, although Mr. Penny specifically           
          requested, before the hearing, that petitioner bring to the                 
          hearing affidavits under oath from each of his siblings to                  
          document his claim that they own interests in the Claremore                 
          property, petitioner failed to do so.  We conclude on these facts           
          that the prohibition with regard to live testimony at the hearing           
          did not deprive petitioner of the opportunity to present relevant           
          testimony through affidavits under oath.  Petitioner could have             
          made a factual record in support of his position by submitting              
          affidavits from his witnesses at the hearing, but petitioner                
          failed to do so.                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011