Hogge v. Johnson

having authority and justification for being where they were through consent and a warrant, the officers were justified in seizing items found in plain view or discovered inadvertently during the course of a reasonable search of defendant's premises | entry of judgment of acquittal is appropriate only in those rare instances in which no evidence exists to support entry of a conviction | entry of judgment of acquittal is appropriate only in those rare instances in which no evidence exists to support entry of a conviction | prior warning that if victim should later happen to hear a gunshot it would be in his motel room | district court will not substitute its judgment for that of trier of fact nor pit its judgment against determinations of fact properly rendered by trier of fact | denial of motion for J.O.A., and issue of whether trial court applied correct rule of law, are subject to de novo review, with the evidence to be viewed in the light most favorable to the non-moving party | city ordinance regulated but did not prohibit opposite-sex massages | Brennan dissenting from a denial of certiorari | Brennan dissenting from a denial of certiorari