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HOCKENBURY v. SOWDERS

No. 79-3339.

620 F.2d 111 (1980)

Murrell Toby HOCKENBURY, III, Petitioner-Appellee, v. Dewey SOWDERS, Superintendent, Kentucky State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 17, 1980.

Attorney(s) appearing for the Case

Barbara B. Edelman, Asst. Atty. Gen., Frankfort, Ky., for respondent-appellant.

Larry H. Marshall, Asst. Public Advocate, Frankfort, Ky., for petitioner-appellee.

Before WEICK, MERRITT and KENNEDY, Circuit Judges.

CORNELIA G. KENNEDY, Circuit Judge.

Respondent appeals the District Court's grant of petitioner's Writ of Habeas Corpus. Petitioner was convicted in Warren Circuit Court, Kentucky of first degree robbery, in violation of KRS § 515.020. The District Court found that questions by the prosecutor of defendant and certain comments by the prosecutor in final argument were, in effect, a reference to post arrest silence impermissible under Doyle v. Ohio,

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