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PRICE v. KING

No. 82-3659.

714 F.2d 585 (1983)

Walter L. PRICE, Jr., Petitioner-Appellant, v. John T. KING, Secretary of the Louisiana Department of Corrections, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

September 16, 1983.

Attorney(s) appearing for the Case

Paul Henry Kidd, Jerry L. Jones, Monroe, La., for petitioner-appellant.

John H. Craft, Asst. Dist. Atty., New Orleans, La., for respondents-appellees.

Before CLARK, Chief Judge, GEE and POLITZ, Circuit Judges.

GEE, Circuit Judge:

In Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976), the Supreme Court held that prosecutorial use of an arrested person's silence following Miranda warnings to impeach an explanation subsequently offered at trial violates the due process rights of the accused. The issue before us is whether the rule announced in Doyle applies to a case on direct review when Doyle was decided...

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