Opinion

Johnson v. State Hearing Examiner's Office

  • 838 P.2d 158
  • 1992 Wyo. LEXIS 117
  • 1992 WL 203871
Court
Wyoming Supreme Court
Filed
Aug 26, 1992
Status
Published
Author
Thomas
On the bench
Thomas, Cardine, Urbigkit, Golden, Brown
Cited by
32 cases

finding statute providing for loss of driver’s license based on age was unconstitutional special legislation lacking rational differentiation and violating the guarantees of equal protection

How later courts described this case

  • finding statute providing for loss of driver’s license based on age was unconstitutional special legislation lacking rational differentiation and violating the guarantees of equal protection
  • holding unconstitutional a statute which provided for driver’s license suspension for persons under 19 after conviction of any alcohol-related offense
  • stating “the particular protections” of unambiguous constitutional language “must be harmonized with other protective language.”
  • determining such an arrangement violated prohibitions on cruel and unusual punishment

Written by the judges who cited it.

Distinguished

  • Distinguished by Rowe v. Department of Licensing, 88 Wash. App. 781 (1997)

    However, Johnson is distinguishable because the offense in Johnson was limited to being a minor in possession and did not involve the use of a vehicle.
    Court of Appeals of WashingtonNov 18, 1997Read it

The opinion

THOMAS, Justice,

concurring specially.

I agree that the challenged statutory scheme must be abrogated as unconstitutional under the requirements of our equal protection of the law provision in the State constitution. Art. 1, § 34, Wyo. Const. I join in the opinion of the court insofar as it so holds.

Beyond that holding, the opinion of the court is too far ranging in philosophy, jurisprudence, and legal theories. I cannot subscribe to all of concepts and dicta incorporated therein, and consequently I join only in the result reached of declaring the statutes unconstitutional.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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