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ELLEN v. BRADY

No. 06-1491.

475 F.3d 5 (2007)

Christopher ELLEN, Petitioner, Appellant, v. Bernard BRADY, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided January 26, 2007.

Attorney(s) appearing for the Case

David J. Barend for appellant.

Randall E. Ravitz, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief for appellee.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

In this habeas case, petitioner Christopher Ellen claims that his trial for assault in the Massachusetts Superior Court violated the Due Process Clause of the Fourteenth Amendment because it was tainted by testimony that he remained silent after receiving Miranda warnings. The testimony by the arresting officer was followed by an immediate objection, lengthy discussion between counsel and the court, and, ultimately, a directive from the...

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