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UNITED STATES EX REL. ALLEN v. ROWE

No. 78-2140.

591 F.2d 391 (1979)

UNITED STATES of America ex rel. Eddie ALLEN, Petitioner-Appellee, v. Charles J. ROWE et al., Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 8, 1979.

Attorney(s) appearing for the Case

Patrick J. Calihan, Asst. Atty. Gen., Crim. Justice Div., Chicago, Ill., for respondents-appellants.

Ralph Ruebner, Deputy State App. Defender and Randy K. Johnson, Asst. State App. Defender, Chicago, Ill., for petitioner-appellee.

Before SWYGERT, LAY and PELL, Circuit Judges.

PER CURIAM.

This case presents the question whether a criminal defendant's Fifth and Fourteenth Amendment rights were violated when a state prosecutor was permitted at trial to cross-examine the defendant about his silence during police custody and to comment upon his silence before the jury during closing argument. We agree with the district court's conclusion that defendant-petitioner's rights were violated and affirm the...

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