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FIELDS v. LEAPLEY

No. 93-3034.

30 F.3d 986 (1994)

Kenneth A. FIELDS, Appellant, v. Walter LEAPLEY, Warden, South Dakota State Penitentiary; Mark W. Barnett, Attorney General, State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 26, 1994.

Attorney(s) appearing for the Case

Stephen Miller, Sioux Falls, SD, argued, for appellant.

Gary Campbell, Pierre, SD, argued, for appellees.

Before MAGILL, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and MAGNUSON, District Judge.

MAGILL, Circuit Judge.

Kenneth A. Fields appeals the district court's denial of his petition for habeas corpus under 28 U.S.C. § 2254 (1988). Fields argues that the prosecutor at his trial violated his Fourteenth Amendment due process rights by commenting on his post-arrest, post-Miranda warnings silence in violation of Doyle v. Ohio, 426 U.S. 610, 619, 96 S.Ct. 2240, 2245, 49 L.Ed.2d 91 (1976). For reversal, Fields...

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