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HAILEY v. GARRAGHTY

Civ. A. No. 83-0107-D.

573 F.Supp. 1448 (1983)

Wayne Edward HAILEY, Petitioner, v. David A. GARRAGHTY, Warden, and Attorney General of the State of Virginia, Respondents.

United States District Court, W.D. Virginia, Danville Division.

October 28, 1983.

Attorney(s) appearing for the Case

Wayne Edward Hailey, pro se.

Robert H. Anderson, III, Asst. Atty. Gen., Richmond, Va., for respondents.

MEMORANDUM OPINION

KISER, District Judge.

Petitioner, Wayne Edward Hailey, presents his petition for a writ of habeas corpus pursuant to 28 U.S.C. §§ 2241 and 2254, attacking his state convictions for robbery, abduction, and use of a firearm in the commission of both felonies. The focus of the petition concerns the constitutionality of prosecutorial comment on Hailey's post-arrest, post-Miranda-warning silence.

I.

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