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RAPER v. MINTZES

Nos. 82-1139, 82-1184.

706 F.2d 161 (1983)

Larry RAPER, Petitioner-Appellant, Cross-Appellee, v. Barry MINTZES, Respondent-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 27, 1983.

Attorney(s) appearing for the Case

Arthur J. Tarnow, Detroit, Mich., for petitioner-appellant, cross-appellee.

Frank J. Kelley, Atty. Gen. of Mich., Thomas Nelson, Asst. Atty. Gen. (argued), Lansing, Mich., for respondent-appellee, cross-appellant.

Before JONES and CONTIE, Circuit Judges, and GIBSON, Senior Circuit Judge.

CONTIE, Circuit Judge.

Both parties appeal from the district court's order granting in part and denying in part the petitioner's claim for habeas corpus relief pursuant to 28 U.S.C. § 2254. The central issue on appeal is whether comments made by the prosecutor in closing argument about the uncontradicted nature of certain evidence were unconstitutional references to the petitioner's failure to testify. We find that they were and affirm the district court's judgment...

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