TUGGLE v. SEABOLD

No. 86-5172.

806 F.2d 87 (1986)

James Malcolm TUGGLE, Jr., Petitioner-Appellee, v. William SEABOLD, Warden, and David L. Armstrong, Attorney General, Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 24, 1986.


Attorney(s) appearing for the Case

C. McGehee Isaacs (argued), Asst. Public Advocate, Frankfort, Ky., for petitioner-appellee.

David L. Armstrong, Atty. Gen. of Kentucky, Frankfort, Ky., Gerald Henry (argued), for respondents-appellants.

Before LIVELY, Chief Judge, MERRITT, Circuit Judge, TIMBERS, Senior Circuit Judge.


LIVELY, Chief Judge.

The district court granted a writ of habeas corpus to the petitioner, Tuggle, and the respondents appeal. Accepting the report and recommendations of the magistrate, the district judge concluded that the proceedings under which Tuggle was convicted of knowingly receiving stolen property denied Tuggle his constitutional right to due process of law. The due process violation consisted of questioning Tuggle at trial about his postarrest silence....

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