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BOYER v. PATTON

No. 77-2421.

579 F.2d 284 (1978)

Robert Victor BOYER, Appellant, v. Ernest S. PATTON.

United States Court of Appeals, Third Circuit.

Decided June 20, 1978.

Attorney(s) appearing for the Case

Marc J. Sonnenfeld, Philadelphia, Pa., for appellant, Morgan, Lewis & Bockius, Philadelphia, Pa., of counsel.

John A. Kenneff, Asst. Dist. Atty., Lancaster, Pa., for appellee.

Before ALDISERT, GIBBONS and HIGGINBOTHAM, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) May 25, 1978.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Robert Boyer appeals from the district court's denial of his petition for habeas corpus relief, submitted on the ground that during his state trial for the crime of prison breach, his trial counsel was ineffective in failing to object to testimony elicited from a government witness regarding Boyer's silence at the time of his arrest. Boyer is now...

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