Eric Weir v. Lloyd Fletcher, Superintendent, Bell County Forestry Camp

KEITH, Circuit Judge.

The Commonwealth of Kentucky appeals from the district court’s granting of a *1127writ of habeas corpus. Petitioner Eric Weir took the stand in his own defense át his murder trial in state court. The prosecutor cross-examined him and made comments to the jury concerning Weir’s silence after he was arrested but before he was given Miranda warnings. The district court concluded that the state had violated Weir’s Fifth Amendment Rights, as outlined in Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976). Accordingly, the district court granted Weir’s petition for a…