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CUNNINGHAM v. PERINI

No. 80-3794.

655 F.2d 98 (1981)

Charles CUNNINGHAM, Petitioner-Appellee, v. E. P. PERINI, Supt., Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 27, 1981.

Rehearing and Rehearing Denied September 10, 1981.

Attorney(s) appearing for the Case

Richard David Drake, Asst. Atty. Gen., of Ohio, Columbus, Ohio, for respondent-appellant.

Richard L. Aynes, University of Akron, School of Law, Akron, Ohio, for petitioner-appellee.

Before EDWARDS, Chief Circuit Judge, ENGEL, Circuit Judge, and BERTELSMAN, District Judge.

Rehearing and Rehearing En Banc Denied September 10, 1981.

PER CURIAM.

The respondent appeals from a judgment of the district court granting a writ of habeas corpus to petitioner, Charles Cunningham. The writ was granted by the district court, which adopted the magistrate's finding that comments made by the prosecutor in Cunningham's state trial for first degree murder referred to petitioner's failure to testify on...

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