Berryman v. Colbert

MEMORANDUM OPINION

JAMES HARVEY, District Judge.

This is a petition for a writ of habeas corpus filed in behalf of Philip Wayne Berryman pursuant to 28 U.S.C. Section 2254. Berryman and his co-defendant John L. Van Meter were found guilty by a jury in the Circuit Court for Wayne County, Michigan, of conspiracy to commit unarmed robbery and first degree murder. Petitioner here challenges these convictions, claiming constitutional error on the part of the prosecution. He claims that comments made by the *379prosecution during closing argument concerning the defendant’s failure to testify were so…