EBERHARDT v. BORDENKIRCHER

No. 78-3588.

605 F.2d 275 (1979)

George Bernard EBERHARDT, Petitioner-Appellant, v. Donald E. BORDENKIRCHER, Warden, Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 10, 1979.


Attorney(s) appearing for the Case

Terrence R. Fitzgerald, Deputy Public Defender, Chief App. Defender, Louisville, Ky. (Court-appointed), for petitioner-appellant.

George Bernard Eberhardt, pro se.

Robert F. Stephens, Atty. Gen. of Kentucky, John F. Zink, Asst. Atty. Gen., Frankfort, Ky., for respondent-appellee.

Before ENGEL and MERRITT, Circuit Judges, and PECK, Senior Circuit Judge.


JOHN W. PECK, Senior Circuit Judge.

The principal issue in this appeal is how the harmless error standard is to be applied in habeas corpus review of state court convictions, when the error involved was a comment by the prosecutor on the defendant's failure to take the stand, in violation of the rule laid down in Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965). In 1975, petitioner George Eberhardt was...

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