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CHARLES v. ANDERSON

No. 79-1158.

610 F.2d 417 (1979)

Glenn CHARLES, Petitioner-Appellant, v. Charles ANDERSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 4, 1979.

As Amended December 14, 1979.

Rehearing Denied January 22, 1980.

Attorney(s) appearing for the Case

F. Martin Tieber, Deputy State Appellate Defender, Lansing, Mich., for petitioner-appellant.

Frank J. Kelley, Atty. Gen. of Michigan, Robert A. Derengoski, Sol. Gen., Thomas L. Casey, Stephen F. Schuesler, Asst. Attys. Gen., Lansing, Mich., for respondent appellee.

Before, EDWARDS, Chief Judge, MERRITT, Circuit Judge, and PHILLIPS, Senior Circuit Judge.

PHILLIPS, Senior Circuit Judge.

The appeal in this habeas corpus case presents the question whether a murder defendant who, shortly after his arrest and after receiving Miranda warnings, offered an exculpatory story that is inconsistent with the story he told at trial, may be cross-examined about his post-arrest failure to assert his trial version of the story. On the authority of Doyle v. Ohio, 426 U.S. 610, 96 S.Ct....

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