Robert S. Leiterman v. Ruth Rushen, Director, California Department of Corrections, Gary L. Barni v. Ruth Rushen, Director, California Department of Corrections

704 F.2d 442 Robert S. LEITERMAN, Appellant, v. Ruth RUSHEN, Director, California Department of Corrections, Appellee. Gary L. BARNI, Appellant, v. Ruth RUSHEN, Director, California Department of Corrections, Appellee. Nos. 82-5088, 82-5089. United States Court of Appeals, Ninth Circuit. Argued Aug. 2, 1982. Submitted Aug. 12, 1982. Decided April 19, 1983. Gerald Goldfarb, Los Angeles, Cal., for appellant. Richard Cullather, Deputy Atty. Gen., Los Angeles, Cal., for appellee. Appeal from the United States District Court for the Central District of California. Before ELY, GOODWIN and WALLACE, Circuit Judges. GOODWIN, Circuit Judge. 1 Leiterman and Barni, California parolees, appeal the dismissal of their petitions for writs of habeas corpus. They contend that the police conduct associated with their arrest was so shocking that federal habeas relief should be imposed upon the California courts to set aside their convictions even though the police conduct did not directly produce the evidence used to convict. 2 Local police suspected that Barni and one Kenneth Wells were selling and transporting marijuana. Six officers of the Riverside Police Department and several officers of the…