IN RE: Fernando F. LEYVA (1955)

District Court of Appeal, First District, Division 1, California.

IN RE: Fernando F. LEYVA, Jr., on habeas corpus.

Cr. 3207.

Decided: November 07, 1955

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.

PETERS, Presiding Justice.

BRAY and FRED B. WOOD, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network