Thad Richardson v. Eddie Lucas, Warden, Mississippi State Penitentiary

E. GRADY JOLLY, Circuit Judge:

After his conviction for burglary of a dwelling was affirmed by the Mississippi Supreme Court, Thad Richardson sought a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Following the district court’s refusal to issue the writ, Richardson appealed. On appeal, Richardson argues that his fifth amendment right against self-incrimination was denied by the state trial court’s refusal to instruct the jury, as he requested, that his failure to testify was not to be “considered unfavorably.”

Richardson, an indigent, also argues that he was denied his sixth amendment…