Legal Opinion
Murrell Toby Hockenbury, III v. Dewey Sowders
Court of Appeals for the Sixth Circuit
Decided September 26, 1983No. 82-5140PublishedCited by 23 opinions
1Opinion of the Court
CORNELIA G. KENNEDY, Circuit Judge.
Respondent appeals from an order of the District Court granting appellee’s petition for a writ of habeas corpus. 28 U.S.C. § 2254. The District Court found that Kentucky had violated appellee’s fifth amendment right to remain silent and that appellee’s failure to object to the offending testimony and argument was excused under Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977). Finding that appellee was not in fact silent and that this case is controlled by Anderson v. Charles, 447 U.S. 404,100 S.Ct. 2180, 65 L.Ed.2d 222 (1980), we…
2Cases cited17 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Wainwright v. SykesSupreme Court of the United States · 1977
- Doyle v. OhioSupreme Court of the United States · 1976
- Engle v. IsaacSupreme Court of the United States · 1982
- Jenkins v. AndersonSupreme Court of the United States · 1980
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- People v. CoffmanCalifornia Supreme Court · 2004
- Christopher Eric Gravley v. David Mills, Warden, Morgan County Regional Correctional FacilityCourt of Appeals for the Sixth Circuit · 1996
- Dendalee McBee v. William F. GrantCourt of Appeals for the Sixth Circuit · 1985
- Gerald Wayne Phelps v. Jack R. Duckworth, Warden Indiana State Prison, and Linley E. Pearson, Attorney General of IndianaCourt of Appeals for the Seventh Circuit · 1985
- United States v. Habib Georges MakhloutaCourt of Appeals for the Ninth Circuit · 1986
18 more not listed; retrieve them via the Exa API.