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HUNTER v. CLARK

No. 89-2594.

906 F.2d 302 (1990)

Steve L. HUNTER, Petitioner-Appellee, v. Richard CLARK and Indiana Attorney General, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 3, 1990.

Order on Grant of Rehearing September 17, 1990.

Attorney(s) appearing for the Case

Robert W. Hammerle, Allen, Baratz, Conway & Hammerle, Indianapolis, Ind., for petitioner-appellee.

Kirk A. Knoll and Ronald J. Semler, Deputy Attys. Gen., Office of the Atty. Gen., Indianapolis, Ind., for respondents-appellants.

Before COFFEY, FLAUM and MANION, Circuit Judges.

COFFEY, Circuit Judge.

Richard Clark, Superintendent of the Indiana State Prison, and the Indiana Attorney General appeal the district court's grant of Steve L. Hunter's petition for writ of habeas corpus. The district court granted the petition for habeas corpus on the ground that the Indiana state trial court's refusal to provide Hunter with his requested instruction that the jury make no adverse inference from Hunter's failure to testify violated Hunter's privilege...

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