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WEIR v. FLETCHER

No. 80-3093.

658 F.2d 1126 (1981)

Eric WEIR, Petitioner-Appellee, v. Lloyd FLETCHER, Superintendent, Bell County Forestry Camp, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 9, 1981.

Attorney(s) appearing for the Case

Stephen L. Beshear, Atty. Gen., James L. Dickinson, Asst. Atty. Gen., Frankfort, Ky., for respondent-appellant.

Donna Boyce Proctor, Asst. Public Advocate, Frankfort, Ky., for petitioner-appellee.

Before ENGEL and KEITH, Circuit Judges, and LAMBROS, District Judge.

KEITH, Circuit Judge.

The Commonwealth of Kentucky appeals from the district court's granting of a writ of habeas corpus. Petitioner Eric Weir took the stand in his own defense at his murder trial in state court. The prosecutor cross-examined him and made comments to the jury concerning Weir's silence after he was arrested but before he was given Miranda warnings. The district court concluded that the state had violated...

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