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NICHOLS v. WAINWRIGHT

No. 85-3207.

783 F.2d 1540 (1986)

Charles V. NICHOLS, Petitioner-Appellant. v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 10, 1986.

Attorney(s) appearing for the Case

Rosemary T. Cakmis, Asst. Federal Public Defender, Jacksonville, Fla., for petitioner-appellant.

Michael J. Kotler, Asst. Atty. Gen., Tampa, Fla., for respondent-appellee.

Before GODBOLD, Chief Judge, KRAVITCH, Circuit Judge, and SIMPSON, Senior Circuit Judge.

SIMPSON, Senior Circuit Judge:

Nichols was tried by jury and convicted of kidnapping and sexual battery in a Florida court. On appeal, Nichols, relying on Doyle v. Ohio, 426 U.S. 610, 619-20, 96 S.Ct. 2240, 2245-46, 49 L.Ed.2d 91 (1976) and its progeny, argued that his conviction should be reversed because the prosecution had improperly commented upon his exercise of his Fifth Amendment...

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