State Ex Rel. Kanieski v. Gagnon

Two issues are presented by this petition:

1. What is the scope of this court’s review in this habeas corpus proceeding?

2. Was the evidence sufficient to sustain the conviction?

Scope of review.

An action for habeas corpus is a collateral proceeding which normally can be used to raise questions concerning the jurisdiction of the convicting court, the validity of the conviction as against a charge that the law under which the defendant was convicted is void, and constitutional defects in the conviction process; it is normally not used to raise such questions as the sufficiency of the evidence.5

In…