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HEARN v. MINTZES

No. 82-1569.

708 F.2d 1072 (1983)

Albert Prentice HEARN, Petitioner-Appellee, v. Barry MINTZES, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 9, 1983.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen. of Mich., Eric J. Eggan (argued), Lansing, Mich., for respondent-appellant.

Carl Ziemba (argued), Detroit, Mich., for petitioner-appellee.

Before LIVELY and KRUPANSKY, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

KRUPANSKY, Circuit Judge.

This is an appeal by Barry Mintzes, superintendent of corrections for the state of Michigan (hereinafter "the State"), from a decision which granted a writ of habeas corpus pursuant to 28 U.S.C. § 2254 upon the application of Albert Hearn (Hearn), the instant appellee. The present appeal joins the issue of impermissible judicial and prosecutorial comments upon Hearn's failure to testify in...

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