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UNITED STATES EX REL. MILLER v. GREER

No. 84-2679.

772 F.2d 293 (1985)

UNITED STATES of America ex rel. Charles "Chuck" MILLER, Petitioner-Appellant, v. James GREER, Warden, Menard Correctional Center, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 27, 1985.

Rehearing Granted November 14, 1985.

Attorney(s) appearing for the Case

Judith Kirby, Office of State Appellate Defender, Springfield, Ill., for petitioner-appellant.

James V. Cinotto, Office of Atty. Gen., Springfield, Ill., for respondent-appellee.

Before CUMMINGS, Chief Judge, FLAUM, Circuit Judge, and PECK, Senior Circuit Judge.

Rehearing En Banc Granted November 14, 1985.*

FLAUM, Circuit Judge.

Petitioner Charles Miller appeals the denial of his petition for a writ of habeas corpus, contending that his constitutional rights were violated when the prosecutor improperly commented on his post-arrest silence during his trial in state court for murder, kidnapping, and robbery. We reverse the district court's denial of the writ.

I.

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