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UNITED STATES EX REL. MILLER v. GREER

No. 84-2679.

789 F.2d 438 (1986)

UNITED STATES of America ex rel. Charles "Chuck" MILLER, Petitioner-Appellant, v. James GREER, Warden, Menard Correctional Center, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 9, 1986.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Office of State Appellate Defender, Judith N. Kirby, Springfield, Ill., for petitioner-appellant.

Marie Quinlivan Czech, Atty. Gen. Office, Chicago, Ill., for respondent-appellee.

Before CUMMINGS, Chief Judge, and BAUER, WOOD, CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, and RIPPLE, Circuit Judges.

FLAUM, Circuit Judge, with whom BAUER, CUDAHY, POSNER, and RIPPLE, Circuit Judges, join.

Petitioner Charles Miller appeals the district court's denial of his petition for writ of habeas corpus, contending that his constitutional rights were violated when the prosecutor improperly commented on his post-arrest silence during his trial in state court for murder, kidnapping, and robbery. This court reversed the district court...

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