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JARADAT v. WILLIAMS

No. 09-3193.

591 F.3d 863 (2010)

Basel JARADAT, Petitioner-Appellant, v. Jesse WILLIAMS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 14, 2010.

Attorney(s) appearing for the Case

ARGUED: Kenneth J. Rexford, Kenneth J. Rexford & Co., L.L.C., Lima, Ohio, for Appellant. M. Scott Criss, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Kenneth J. Rexford, Kenneth J. Rexford & Co., L.L.C., Lima, Ohio, for Appellant. M. Scott Criss, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

MERRITT, J., delivered the opinion of the court, in which McKEAGUE, J., joined. CLAY, J. (pp. 871-76), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

Petitioner Basel Jaradat appeals the District Court's denial of`his petition for a writ of habeas corpus. Jaradat was convicted of one count of vaginal rape and kidnapping. He challenges his conviction on the grounds that the prosecutor violated his constitutional rights by questioning a police witness on his post-Miranda silence and by commenting on this silence during closing arguments. All courts that have reviewed...

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