Questão jurídica principal
Whether the constitutional complaint was admissible for alleged denial of hearing without prior cantonal nullity review
Decisão extraída
That part of the complaint was inadmissible because the alleged hearing violation should first have been raised by cantonal nullity action.
Fundamentação extraída
The Bernese appellate judgment was subject to a nullity action to the plenary court, which allowed review of denial of hearing but not arbitrary evidence assessment; therefore the exhaustion requirement was not met.