Matter of Application of Smith

California Supreme Court Oct 17, 1911 No. Crim. No. 1691.Published

Before: THE COURT.

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Holding. The court held that the petitioner cannot challenge his conviction through a petition for habeas corpus because the grounds for his claim were reviewable on his prior appeal and cannot be raised in a collateral attack.

Issues

Whether a petitioner may use habeas corpus to challenge a judgment on grounds that were reviewable on a prior appeal.

Disposition. Writ denied.

Quotations verified verbatim against the opinion

“Every ground of his present petition was reviewable on that appeal, but they were not mentioned in the decision, and they cannot now be urged in a collateral attack upon the judgment.”

Habeas corpus.

The petitioner is detained by the warden of Folsom prison under a commitment showing his conviction of the crime of robbery. He claims that his detention is unlawful for reasons affecting the judgment of the superior court. His petition, framed by himself, is very meager, but shows with sufficient certainty that he is the same John Smith who was convicted of robbery in June, 1906, in the superior court of San Francisco, and whose conviction was affirmed by the district court of appeal in October, 1908. (9 Cal.App. 224, [98 P. 546].) Every ground of his present petition was reviewable on that appeal, but they were not mentioned in the decision, and they cannot now be urged in a collateral attack upon the judgment.

Writ denied. *Page 209

Matter of Application of Smith

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