Ex parte Leyva, Cr. 3207
| Decision Date | 07 November 1955 |
| Docket Number | Cr. 3207 |
| Citation | 136 Cal.App.2d 750,289 P.2d 271 |
| Court | California Court of Appeals Court of Appeals |
| Parties | In re Fernando F. LEYVA, Jr., on habeas corpus. |
Fernando F. Leyva, Jr., in pro. per.
This petition for habeas corpus is based on the contention that petitioner was convicted by the use of illegally secured evidence. There is no allegation that the point was raised before the trial court or on appeal. The sole contention is that the use of such evidence denied to petitioner 'due process' of law. In People v. Cahan, 44 Cal.2d 434, 282 P.2d 905, the Supreme Court was careful to point out that the rule involved was a rule of evidence and not a rule of constitutional law. See 44 Cal.2d at page 440, 282 P.2d at page 908. If this determination is to be questioned, it should be in the Supreme Court and not in an intermediate appellant court that is bound by Supreme Court determinations. Under the circumstances, habeas corpus may not be used to re-litigate the issue.
The petition for habeas corpus is denied.
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Harris, In re
...obtained evidence on the ground that such use constitutes no more than the violation of a rule of evidence. (See, In re Leyva, 136 Cal.App.2d 750, 289 P.2d 271.) On the other hand, the United States Supreme Court has not held that because such use in itself violates the Constitution, it may......