HUNTER v. CLARK

No. 89-2594.

934 F.2d 856 (1991)

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

United States Court of Appeals, Seventh Circuit.

Reargued November 27, 1990.

Decided June 6, 1991.


Attorney(s) appearing for the Case

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

Kirk A. Knoll, Deputy Atty. Gen., Ronald J. Semler, Asst. Atty. Gen., Federal Litigation, Indianapolis, Ind., for respondents-appellants.

Before BAUER, Chief Judge, and CUMMINGS, WOOD, Jr., CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION and KANNE, Circuit Judges.


COFFEY, Circuit Judge.

Richard Clark, Superintendent of the Indiana State Prison, and the Indiana Attorney General appeal the district court's granting of Steve Hunter's habeas corpus petition on the ground that the state trial judge's refusal to give the requested "no adverse inference" instruction violated Hunter's Fifth Amendment privilege against self-incrimination. Because we hold that the overwhelming evidence of Hunter's guilt makes the state court's refusal...

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