United States of America Ex Rel. Johnnie L. Savory v. Michael Lane, Director, Illinois Department of Corrections

ESCHBACH, Senior Circuit Judge.

Petitioner was convicted of two counts of murder in state court, after a retrial following reversal of his original convictions necessitated by the introduction of an improperly obtained confession. In his direct appeal, the Illinois Appellate Court held that the admission at his trial of an inconsistent exculpatory story violated Miranda and that the admission of evidence of and prosecutor’s comments on the defendant’s refusal to talk to police when first asked about the murders was erroneous under state law (declining to decide whether such errors also…