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HALL v. VASBINDER

No. 08-1475.

563 F.3d 222 (2009)

Christopher HALL, Petitioner-Appellee, v. Doug VASBINDER, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 22, 2009.

Attorney(s) appearing for the Case

ARGUED: Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. F. Randall Karfonta, Leland, Michigan, for Appellee. ON BRIEF: Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. F. Randall Karfonta, Leland, Michigan, for Appellee.

Before: SILER, COOK, and McKEAGUE, Circuit Judges.

OPINION

McKEAGUE, Circuit Judge.

Christopher Hall filed a petition for a writ of habeas corpus in connection with his state convictions. A Michigan jury convicted Hall of criminal sexual conduct against his daughter as well as obstruction of justice and conspiracy to obstruct justice. During the trial, both the prosecutor and defense counsel elicited testimony about Hall's silence during an earlier probate court proceeding and commented on Hall's silence...

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