Judges pressed state for specifics on what Miller checked and when

During argument, the panel repeatedly asked the state to identify the precise record evidence supporting an inference that the Department of Licensing's bulk-mail process produced the respondent's revocation notice. One judge told counsel, "Tell me when you come back, exactly what Miller says about when he checked, what he checked, and why that satisfies that issue." The judge flagged that a finding of fact based on testimony may be insufficient without a specific record citation.

Another line of questioning pressed whether the vendor's batch/job tickets or a witness responsible for a particular step in the process could supply the missing link. Counsel for the state acknowledged Miller's testimony could have been "more detailed" but argued the district court's credibility determinations and the absence of recorded errors supported an inference that the notice was mailed.