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Thompson v. City of Louisville

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31: 343:, yet this substantive right cannot be tested unless we grant him a stay of execution because his fines are not appealable and will be satisfied by being served in jail before he can prepare and file his petition for certiorari. Appellee's substantive right of due process is of no avail to him unless this court grants him the ancillary right whereby he may test same in the Supreme Court." The U.S. Supreme Court then granted 286:"It shall be unlawful for any person . . . , without visible means of support, or who cannot give a satisfactory account of himself, . . . to sleep, lie, loaf, or trespass in or about any premises, building, or other structure in the City of Louisville, without first having obtained the consent of the owner or controller of said premises, structure, or building; . . ." 356: 297:
Thompson then put in evidence that he was waiting for a bus to his home that was due in an hour or less, that he was a regular customer at the café, and that he was not unwelcome in the café. There was no evidence that "anyone else in the café objected to shuffling his feet in rhythm with the music
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As stated in the opinion of the Supreme Court, Sam Thompson went into the Liberty End Café in Louisville on a Saturday evening. Two policemen came into the café and observed Sam "out there on the floor dancing by himself." The officers accosted Thompson and asked him what he was doing, "and he said
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The Supreme Court reviewed the evidentiary record and found "no evidence whatever in the record to support these convictions." It then held that it is "a violation of due process to convict and punish a man without evidence of his guilt." The Supreme Court did not state whether the state's action
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The case is sometimes referred to as the "Shuffling Sam" case, because the petitioner Sam Thompson was known locally as "Shuffling Sam." The Court noted, "There is no evidence that anyone else in the cafe objected to petitioner's shuffling his feet in rhythm with the music of the jukebox."
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was sought. That court, after examining the police court's judgment and transcript, granted a stay, concluding that "there appears to be merit" in the contention that "there is no evidence upon which conviction and sentence by the Police Court could be based."
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As explained during oral argument, Kentucky provides no appellate review of Police Court cases when the fine is less than $ 20. The fine here was $ 10, but it was one of a long series of similar fines. According to counsel for Thompson, as stated in
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A commentator criticized the Court's opinion as "mak a deep incursion upon basic principles of federalism" by re-characterizing evidence of conduct that the Court deemed protected activity as "no evidence" of crime.
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Thompson's counsel unsuccessfully sought dismissal of the charges on the ground that a judgment of conviction on this record would deprive Thompson of property and liberty without due process of law under the
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On the record in this case, Thompson's conviction for loitering and disorderly conduct was so totally devoid of evidentiary support as to be invalid under the Due Process Clause of the Fourteenth Amendment.
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Police court fines of less than $ 20 on a single charge are not appealable or otherwise reviewable in any other Kentucky court. Thompson's counsel therefore asked the police court to
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to the U.S. Supreme Court to review the due process contentions he raised. The police court suspended judgment for 24 hours, during which time a longer stay from the
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Justice Hugo Black delivered the unanimous opinion of the Court that it violated due process to convict and punish Shuffling Sam without any evidence of his guilt
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granted its own stay, because Thompson "appears to have a real question as to whether he has been denied due process under the Fourteenth Amendment of the
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charge on him." That was the entire record that the prosecution put on at the trial, except for a record showing a total of 54 previous arrests.
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violated procedural or substantive due process, but it is generally considered that the Court found a violation of substantive due process.
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a person of an offense when there is no evidence of his guilt. It is one of the rare instances of the Supreme Court's granting
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held that the Circuit Court lacked the power to grant the stay that it had granted, but the Court of Appeals
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from 1943 to 1948, and later was co-author of a leading treatise on Supreme Court practice and procedure,
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in 1938, and later a federal court of appeals judge. Gressman was law clerk to U.S. Supreme Court Justice
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According to Court Listener, this case has been cited approximately 16,000 times as of July 2015.
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The Louisville city ordinance under which petitioner was convicted of loitering reads as follows:
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The Police Court found Thompson guilty of both charges and fined him $ 10 on each charge.
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and Eugene Gressman. Leventhal was law clerk to U.S. Supreme Court Justices
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to review a decision of a court so insignificant (the Police Court of
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The Supreme Court and the States: Reflections on Boynton v. Virginia
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the judgments so that he might have an opportunity to apply for
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does not provide any mechanism for appeals from its judgments.
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in which the Court unanimously held that it is a violation of
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he was waiting on a bus." The officers then arrested him for
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Robert Stern and Eugene Gressman, Supreme Court Practice
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United States Supreme Court cases of the Warren Court
192: 181: 176: 105: 95: 59: 49: 42: 23: 465:from 1937 to 1938. With him on the brief were 453:argued the cause for petitioner. He had been 384:The citations in this article are written in 309:Procedural issues concerning appellate review 211:, 362 U.S. 199 (1960), was a decision of the 8: 630:United States criminal due process case law 54:Sam Thompson v. City of Louisville, et al. 20: 329:The city then sought to appeal, and the 396: 267:Arrest and proceedings in lower court 18:1960 United States Supreme Court case 7: 513:No Evidence To Support a Conviction 36:Supreme Court of the United States 14: 620:United States Supreme Court cases 570:199 (1960) is available from: 531:"Search Results for 362 U.S. 199" 29: 640:History of Louisville, Kentucky 635:1960 in United States case law 560:Thompson v. City of Louisville 423:High Court Backs Shufflin' Sam 208:Thompson v. City of Louisville 24:Thompson v. City of Louisville 1: 645:1960s in Louisville, Kentucky 459:United States Supreme Court 213:United States Supreme Court 661: 602:Oyez (oral argument audio) 434:362 U.S. at 202. See also 43:Argued January 11–12, 1960 331:Kentucky Court of Appeals 197: 110: 100: 28: 256:Supreme Court law clerks 368:Subsequent developments 473:from 1937 to 1938 and 392:for more information. 388:style. Please see the 360: 323:Kentucky Circuit Court 199:U.S. Const. amend. XIV 157:William J. Brennan Jr. 45:Decided March 21, 1960 494:See Louis H. Pollak, 358: 351:Opinion of the Court 341:Federal Constitution 292:Fourteenth Amendment 252:opinion of the court 231:Louisville, Kentucky 161:Charles E. Whittaker 593:Library of Congress 437:Morton O. Childress 520:1137, 1146 (1962). 419:Lewiston Daily Sun 361: 278:disorderly conduct 137:William O. Douglas 121:Associate Justices 425:(March 22, 1960). 245:Associate Justice 204: 203: 185:Black, joined by 149:John M. Harlan II 133:Felix Frankfurter 78:80 S. Ct. 624; 4 652: 606: 600: 597: 591: 588: 582: 579: 573: 546: 545: 543: 541: 527: 521: 519: 509: 503: 501: 492: 486: 484: 467:Harold Leventhal 448: 441: 438: 432: 426: 415: 409: 401: 106:Court membership 33: 32: 21: 660: 659: 655: 654: 653: 651: 650: 649: 610: 609: 604: 598: 595: 589: 586: 580: 577: 571: 555: 550: 549: 539: 537: 529: 528: 524: 517: 510: 506: 499: 493: 489: 482: 475:Stanley F. Reed 471:Harlan F. Stone 463:Harlan F. Stone 449: 445: 436: 433: 429: 416: 412: 402: 398: 382: 370: 353: 311: 269: 264: 159: 147: 135: 91: 44: 38: 19: 12: 11: 5: 658: 656: 648: 647: 642: 637: 632: 627: 622: 612: 611: 608: 607: 554: 553:External links 551: 548: 547: 535:Court Listener 522: 518:U. Pa. L. Rev. 504: 487: 443: 427: 410: 395: 394: 381: 378: 369: 366: 352: 349: 310: 307: 268: 265: 263: 260: 250:delivered the 202: 201: 195: 194: 190: 189: 183: 179: 178: 174: 173: 172: 171: 169:Potter Stewart 122: 119: 114: 108: 107: 103: 102: 98: 97: 93: 92: 77: 61: 57: 56: 51: 50:Full case name 47: 46: 40: 39: 34: 26: 25: 17: 13: 10: 9: 6: 4: 3: 2: 657: 646: 643: 641: 638: 636: 633: 631: 628: 626: 623: 621: 618: 617: 615: 603: 594: 585: 576: 569: 565: 561: 557: 556: 552: 536: 532: 526: 523: 515: 514: 508: 505: 497: 491: 488: 480: 476: 472: 468: 464: 460: 456: 452: 447: 444: 439: 431: 428: 424: 420: 414: 411: 407: 406:oral argument 400: 397: 393: 391: 387: 379: 377: 374: 367: 365: 357: 350: 348: 346: 342: 338: 337: 332: 327: 324: 320: 316: 308: 306: 303: 301: 295: 293: 287: 284: 281: 279: 275: 266: 261: 259: 257: 253: 249: 246: 242: 238: 236: 232: 228: 227: 222: 218: 214: 210: 209: 200: 196: 191: 188: 184: 180: 175: 170: 166: 162: 158: 154: 150: 146: 142: 138: 134: 130: 126: 123: 120: 118: 115: 113:Chief Justice 112: 111: 109: 104: 99: 94: 89: 85: 81: 75: 74: 69: 66: 62: 58: 55: 52: 48: 41: 37: 27: 22: 16: 559: 538:. Retrieved 534: 525: 512: 507: 500:Cal. L. Rev. 495: 490: 479:Frank Murphy 446: 430: 422: 413: 399: 383: 375: 371: 362: 344: 334: 328: 318: 312: 304: 296: 288: 285: 282: 270: 243: 239: 224: 207: 206: 205: 193:Laws applied 186: 177:Case opinion 164: 152: 145:Tom C. Clark 140: 128: 71: 53: 15: 451:Louis Lusky 217:due process 117:Earl Warren 614:Categories 502:15 (1961). 380:References 345:certiorari 336:sua sponte 319:certiorari 262:Background 248:Hugo Black 226:certiorari 125:Hugo Black 84:U.S. LEXIS 82:654; 1960 455:law clerk 442:, p. 61. 390:talk page 274:loitering 235:state law 187:unanimous 86:1448; 80 80:L. Ed. 2d 60:Citations 558:Text of 540:July 18, 461:Justice 386:Bluebook 182:Majority 88:A.L.R.2d 575:Findlaw 300:jukebox 298:of the 233:) that 221:convict 96:Holding 605:  599:  596:  590:  587:  584:Justia 581:  578:  572:  516:, 110 167: 165:· 163:  155: 153:· 151:  143: 141:· 139:  131: 129:· 127:  566: 498:, 49 568:U.S. 542:2015 457:for 417:See 315:stay 90:1355 73:more 65:U.S. 63:362 564:362 219:to 68:199 616:: 562:, 533:. 421:, 347:. 258:. 544:. 485:. 76:) 70:(

Index

Supreme Court of the United States
U.S.
199
more
L. Ed. 2d
U.S. LEXIS
A.L.R.2d
Earl Warren
Hugo Black
Felix Frankfurter
William O. Douglas
Tom C. Clark
John M. Harlan II
William J. Brennan Jr.
Charles E. Whittaker
Potter Stewart
U.S. Const. amend. XIV
United States Supreme Court
due process
convict
certiorari
Louisville, Kentucky
state law
Associate Justice
Hugo Black
opinion of the court
Supreme Court law clerks
loitering
disorderly conduct
Fourteenth Amendment

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