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MORGAN v. HALL

No. 77-1414.

569 F.2d 1161 (1978)

Morris MORGAN, Petitioner, Appellant, v. Frank A. HALL, etc., et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided January 26, 1978.

Attorney(s) appearing for the Case

Robert S. Potters, Boston, Mass., for petitioner, appellant.

Robert V. Greco, Asst. Atty. Gen., Criminal Div., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Stephen R. Delinsky, Asst. Atty. Gen., Chief Criminal Bureau, Boston, Mass., were on brief, for respondents, appellees.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

This appeal is from the district court's denial of Morgan's habeas corpus petition. When petitioner took the stand at his state criminal trial, the prosecutor asked questions which focused upon his silence after arrest. As these were constitutionally improper, Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976), we must decide if the prosecutor's error was harmless beyond a reasonable...

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