Raymond Mendoza Olivas, AKA Junior Calderon v. State of Arizona Ex Rel., Frank A. Eyman, Warden, Arizona State Prison

Raymond Mendoza Olivas, an Arizona State prisoner, is appealing from a denial of his petition for a writ of habeas corpus. He was convicted after a trial by jury of first degree murder and sentenced to life imprisonment. After exhausting his state remedies, he filed his petition in the federal court. The District Court denied relief on the ground that the admission of certain testimony during the course of the trial was harmless error. We affirm.

Appellant and Jesus Arthur Pina were jointly indicted and tried for the murder of one Rudy Valenzuela. At the trial Louis Lopez, a witness for the prosecution, testified that in the early morning hours of February 25, 1961, Pina, appellant, Lopez and Valenzuela drove some distance from the city of Phoenix to a secluded area on the desert. Upon their arrival at the location Pina accused Valenzuela of trying to “set him up” for a narcotics arrest. Thereafter Pina, using appellant’s gun, fired a shot at Valenzuela. Lopez testified that after this shot “the wind seemed to be knocked out of Mr. Valenzuela” but he talked to Pina and struggled to escape. Pina aimed a second shot which misfired. Lopez did not see where the third shot struck…