BRILL v. SALISBURY

No. C 70-523.

326 F.Supp. 457 (1971)

Anthony BRILL, Petitioner, v. W. D. SALISBURY, Supt., Chillicothe Correctional Institution, Respondent.

United States District Court, N. D. Ohio, E. D.

April 8, 1971.


Attorney(s) appearing for the Case

Anthony Brill, pro se.

Paul W. Brown, Atty. Gen. of Ohio, for respondent.


MEMORANDUM OPINION AND ORDER

BATTISTI, Chief Judge.

The petitioner was tried in the Lucas County, Ohio, Common Pleas Court and convicted of armed robbery and auto theft. Since November of 1963 he has been serving a ten to twenty-five-year sentence at the Chillicothe, Ohio, Correctional Institution. He charges, and the State does not dispute, that his conviction results at least in part from comment by the prosecution on his refusal to testify in his own...

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