LEBOWITZ v. WAINWRIGHT

No. 80-5855.

670 F.2d 974 (1982)

Walter B. LEBOWITZ, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Florida Department of Corrections, et al., Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied April 26, 1982.


Attorney(s) appearing for the Case

Simon, Schindler & Tripp, Judith Anne Bass, Tobias Simon, Miami, Fla., for petitioner-appellant.

Paul Mendelson, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.

Before FAY, ANDERSON and CLARK, Circuit Judges.


FAY, Circuit Judge:

By his petition for writ of habeas corpus, the defendant invites this court to travel along a time line of existing Supreme Court decisions concerning a prosecutor's ability to comment on a defendant's silence. Specifically, we have been asked to find that a prosecutor is prohibited from questioning or commenting on the defendant's failure to provide an exculpatory explanation when confronted by police...

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