Legal Opinion
Murrell Toby Hockenbury, III v. Dewey Sowders, Superintendent, Kentucky State Penitentiary, Respondent
Court of Appeals for the Sixth Circuit
Decided April 17, 1980No. 79-3339PublishedCited by 95 opinions
1Opinion of the Court
CORNELIA G. KENNEDY, Circuit Judge.
Respondent appeals the District Court’s grant of petitioner’s Writ of Habeas Corpus. Petitioner was convicted in Warren Circuit Court, Kentucky of first degree robbery, in violation of KRS § 515.020. The District Court found that questions by the prosecutor of defendant and certain comments by the prosecutor in final argument were, in effect, a reference to post arrest silence impermissible under Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976). Petitioner had waived his Miranda rights and made a statement to the arresting officers regarding…
2Cases cited16 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- Doyle v. OhioSupreme Court of the United States · 1976
- Fay v. NoiaSupreme Court of the United States · 1963
- Francis v. HendersonSupreme Court of the United States · 1976
- James Cook v. Donald E. Bordenkircher, Superintendent, Kentucky State Penitentiary at Eddyville, KentuckyCourt of Appeals for the Sixth Circuit · 1979
11 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- Raymond Walker, Cross-Appellant v. Ted Engle, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1983
- Willis Leroy v. R.C. Marshall, Supt.Court of Appeals for the Sixth Circuit · 1985
- James E. Davis v. Harry L. Allsbrooks, Warden of the Northhampton Co. Prison State of North CarolinaCourt of Appeals for the Fourth Circuit · 1985
- Vasquez v. JonesCourt of Appeals for the Sixth Circuit · 2007
- Dendalee McBee v. William F. GrantCourt of Appeals for the Sixth Circuit · 1985
90 more not listed; retrieve them via the Exa API.