thompson
louisville
argued
decided
march
record
case
petitioner
conviction
city
police
two
offenses
loitering
disorderly
conduct
totally
devoid
evidentiary
support
invalid
due
process
clause
fourteenth
amendment
pp
reversed
louis
lusky
argued
cause
petitioner
brief
marvin
morse
harold
leventhal
eugene
gressman
herman
frick
argued
cause
respondents
brief
jo
ferguson
attorney
general
kentucky
david
sebree
assistant
attorney
general
william
berry
justice
black
delivered
opinion
petitioner
found
guilty
police
louisville
kentucky
two
offenses
loitering
disorderly
conduct
ultimate
question
presented
us
whether
charges
petitioner
totally
devoid
evidentiary
support
render
conviction
unconstitutional
due
process
clause
fourteenth
amendment
decision
question
turns
sufficiency
evidence
whether
conviction
rests
upon
evidence
facts
shown
record
short
simple
petitioner
resident
louisville
area
went
liberty
end
cafe
saturday
evening
january
addition
selling
food
cafe
licensed
sell
beer
public
patrons
present
time
petitioner
petitioner
cafe
half
hour
two
louisville
police
officers
came
routine
check
upon
seeing
petitioner
floor
dancing
one
officers
according
testimony
went
manager
sitting
stool
nearby
asked
long
petitioner
bought
anything
officer
testified
upon
told
manager
petitioner
little
bought
anything
accosted
thompson
asked
reason
said
waiting
bus
officer
informed
petitioner
arrest
took
outside
arrest
loitering
going
outside
officer
testified
petitioner
argumentative
argued
us
back
forth
placed
disorderly
conduct
charge
admittedly
disorderly
conduct
conviction
rests
solely
one
sentence
description
petitioner
conduct
left
cafe
foregoing
evidence
includes
city
offered
except
record
purportedly
showing
total
previous
arrests
petitioner
putting
defense
petitioner
moved
dismissal
charges
ground
judgment
conviction
record
deprive
property
liberty
without
due
process
law
fourteenth
amendment
evidence
support
findings
guilt
two
arrests
prosecutions
reprisals
petitioner
employed
counsel
demanded
judicial
hearing
defend
prior
allegedly
baseless
charges
police
motion
denied
petitioner
put
evidence
behalf
none
way
strengthened
city
case
testified
bought
one
cafe
employees
served
dish
macaroni
glass
beer
remained
cafe
waiting
bus
go
home
evidence
showed
without
dispute
time
arrest
petitioner
gave
officers
home
address
money
bus
schedule
showing
bus
home
stop
within
half
block
cafe
owned
two
unimproved
lots
land
addition
work
done
others
regularly
worked
one
day
week
family
years
paid
rent
home
lived
meager
income
sufficient
meet
needs
cafe
manager
testified
petitioner
frequently
patronized
cafe
never
told
petitioner
unwelcome
manager
testified
occasion
saw
petitioner
standing
middle
floor
patting
foot
time
petitioner
stay
object
anything
evidence
anyone
else
cafe
objected
petitioner
shuffling
feet
rhythm
music
jukebox
conduct
boisterous
offensive
anyone
present
close
evidence
petitioner
repeated
motion
dismissal
charges
ground
conviction
foregoing
evidence
deprive
liberty
property
without
due
process
fourteenth
amendment
denied
motion
convicted
offenses
fined
charge
motion
new
trial
grounds
also
denied
exhausted
petitioner
remedies
police
since
police
fines
less
single
charge
appealable
otherwise
reviewable
kentucky
petitioner
asked
police
stay
judgments
might
opportunity
apply
certiorari
case
became
moot
review
due
process
contentions
raised
police
suspended
judgment
hours
time
petitioner
sought
longer
stay
kentucky
circuit
examining
police
judgments
transcript
granted
stay
concluding
appears
merit
contention
evidence
upon
conviction
sentence
police
based
petitioner
federal
constitutional
claims
substantial
frivolous
appeal
city
kentucky
appeals
held
circuit
lacked
power
grant
stay
nevertheless
went
take
extraordinary
step
granting
stay
even
though
petitioner
made
original
application
stay
explaining
reason
appeals
took
occasion
agree
circuit
petitioner
federal
constitutional
claims
substantial
frivolous
appeals
went
say
petitioner
appears
real
question
whether
denied
due
process
fourteenth
amendment
federal
constitution
yet
substantive
right
tested
unless
grant
stay
execution
fines
appealable
satisfied
served
jail
prepare
file
petition
certiorari
appellee
substantive
right
due
process
avail
unless
grants
ancillary
right
whereby
may
test
city
correctly
assumes
support
convictions
record
void
denials
due
process
pertinent
portion
city
ordinance
petitioner
convicted
loitering
reads
follows
shall
unlawful
person
without
visible
means
support
give
satisfactory
account
sleep
lie
loaf
trespass
premises
building
structure
city
louisville
without
first
obtained
consent
owner
controller
said
premises
structure
building
ordinances
city
louisville
petitioner
spent
half
hour
saturday
evening
january
public
cafe
sold
food
beer
public
asked
account
presence
said
waiting
bus
city
concedes
law
making
offense
person
cafe
dance
shuffle
pat
feet
time
music
undisputed
testimony
manager
know
whether
petitioner
bought
macaroni
beer
see
patting
shuffling
dancing
petitioner
welcome
manager
testified
time
petitioner
stay
cafe
object
anything
petitioner
never
saw
petitioner
anything
cause
objection
surely
implied
consent
city
admitted
oral
argument
satisfies
ordinance
arresting
officer
admitted
nothing
way
vulgar
called
petitioner
ordinary
dance
whatever
relevance
vulgarity
might
charge
loitering
simply
semblance
evidence
person
reasonably
infer
petitioner
give
satisfactory
account
loitering
loafing
ordinary
sense
words
without
consent
owner
controller
cafe
petitioner
conviction
disorderly
conduct
city
ordinance
without
definition
provides
hoever
shall
found
guilty
disorderly
conduct
city
louisville
shall
fined
etc
evidence
disorderly
conduct
single
statement
policeman
petitioner
arrested
taken
cafe
argumentative
testimony
petitioner
raised
voice
used
offensive
language
resisted
officers
engaged
conduct
kind
likely
way
adversely
affect
good
order
tranquillity
city
louisville
information
record
contains
petitioner
argumentative
statement
asked
officers
arrested
assume
justified
assuming
merely
arguing
policeman
disorderly
conduct
matter
substantive
law
kentucky
see
lanzetta
new
jersey
moreover
kentucky
law
seems
provide
man
wrongfully
arrested
fails
object
arresting
officer
waives
right
complain
later
arrest
unlawful
nickell
commonwealth
thus
find
evidence
whatever
record
support
convictions
conviction
upon
charge
made
sheer
denial
due
process
violation
due
process
convict
punish
man
without
evidence
guilt
judgments
reversed
cause
remanded
police
city
louisville
proceedings
inconsistent
opinion
reversed
remanded
footnotes
petitioner
added
effect
convictions
deny
redress
prior
alleged
arbitrary
unlawful
arrests
based
fact
kentucky
law
conviction
bars
suits
malicious
prosecution
even
false
imprisonment
thus
petitioner
says
subject
arbitrary
continued
arrests
neither
reviewable
regular
appellate
procedures
subject
challenge
independent
civil
actions
officer
previous
testimony
petitioner
bought
food
drink
seriously
undermined
contradicted
manager
testimony
trial
manager
stated
officer
asked
sic
sold
thing
eat
said
said
beer
said
emphasis
supplied
manager
acknowledged
petitioner
might
bought
something
served
waiter
waitress
without
manager
noticing
whether
purchase
however
significance
issue
rev
stat
see
jefferson
circuit
kentucky
appeals
held
review
either
direct
appeal
collateral
proceeding
foreclosed
petitioner
thompson
taustine
jefferson
kentucky
circuit
common
pleas
branch
fifth
division
per
grauman
unreported
taustine
thompson
without
stay
bail
pending
application
review
petitioner
served
fines
prison
days
rate
day
taustine
thompson
thompson
taustine
jefferson
kentucky
circuit
common
pleas
branch
fifth
division
per
grauman
unreported
taustine
thompson
illustration
city
brief
questions
presented
whether
evidence
sufficient
support
convictions
therefore
meets
requirements
due
process
clause
fourteenth
amendment
section
provides
penalties
violation
de
jonge
oregon
see
also
cole
arkansas
see
schware
board
bar
examiners
ex
rel
vajtauer
commissioner
moore
dempsey
yick
wo
hopkins
cf
akins
texas
tot
concurring
opinion
mooney
holohan