UNITED STATES EX REL. SMITH v. ROWE

No. 79-2107.

618 F.2d 1204 (1980)

UNITED STATES of America ex rel. Melvin Lee SMITH, Petitioner-Appellee, v. Charles J. ROWE and William Klusak, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 21, 1980.


Attorney(s) appearing for the Case

Carolyn B. Notkoff, Asst. Atty. Gen., Chicago, Ill., for respondents-appellants.

Ralph Ruebner, Deputy Appellate Defender of Office State Appellate Defender, Andrew Berman and Michael Mulder (of counsel) Chicago, Ill., for petitioner-appellee.

Before FAIRCHILD, Chief Judge, and SWYGERT and CUMMINGS, Circuit Judges.


PER CURIAM.

The primary issue is whether a prosecutor's comments about a defendant's failure to inform law enforcement authorities of his alibi defense violated his constitutional privilege against self-incrimination and his right to due process. Additional issues are: (1) whether the trial court was correct in finding that the prosecutor's summation to the jury referred to the defendant's pretrial failure to bring forth his alibi defense and (2) whether the harmless...

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