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HOCKENBURY v. SOWDERS

No. 82-5140.

718 F.2d 155 (1983)

Murrell Toby HOCKENBURY, III, Petitioner-Appellee, v. Dewey SOWDERS, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 26, 1983.

Rehearing and Rehearing Denied November 7, 1983.

Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen. of Ky., James L. Dickinson, Sp. Asst. Atty. Gen. (argued), Frankfort, Ky., for respondent-appellant.

Larry H. Marshall, Asst. Public Advocate, Frankfort, Ky., for petitioner-appellee.

Before KEITH, KENNEDY and WELLFORD, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 7, 1983.

CORNELIA G. KENNEDY, Circuit Judge.

Respondent appeals from an order of the District Court granting appellee's petition for a writ of habeas corpus. 28 U.S.C. § 2254. The District Court found that Kentucky had violated appellee's fifth amendment right to remain silent and that appellee's failure to object to the offending testimony and argument was excused under Wainwright v. Sykes,

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