Legal Opinion · Concurring in part, dissenting in part

Glass v. Eighth Judicial District Court

Nevada Supreme Court

Decided July 2, 1971No. 6303Published

1Concurring in part, dissenting in partBatjer, J.

I agree with that part of the majority opinion holding that *333the petition for certiorari be dismissed and that the order of the district court to remand the case to the justice’s court for trial be allowed to stand. I respectfully dissent from the holding of the majority that: “We regard it as settled that the First and Fourteenth Amendments require that there be an adversary judicial hearing and determination of obscenity before a warrant may be issued to search and seize the single copies of allegedly obscene films.”

I agree with the district court judge when he reasoned that prior to a…

2Cases cited15 opinions

  1. Marcus v. Search Warrant of PropertySupreme Court of the United States · 1961
  2. A Quantity of Copies of Books v. KansasSupreme Court of the United States · 1964
  3. Lee Art Theatre, Inc. v. VirginiaSupreme Court of the United States · 1968
  4. United States v. Edward A. Wild, Jr. And Louis CorradoCourt of Appeals for the Second Circuit · 1970
  5. Tyrone, Inc. v. WilkinsonCourt of Appeals for the Fourth Circuit · 1969

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