Legal Opinion
Gerald Freeman v. Michael P. Lane
Court of Appeals for the Seventh Circuit
Decided May 1, 1992No. 90-2480PublishedCited by 86 opinions
1Opinion of the Court
RIPPLE, Circuit Judge.
Gerald Freeman petitioned the district court for a writ of habeas corpus for his release from state custody. He based his petition on a violation of his Fifth Amendment right to remain silent at trial and on a Sixth Amendment claim of ineffective assistance of counsel. Mr. Freeman alleged that his appellate counsel on direct appeal failed to raise a Fifth Amendment violation resulting from the prosecutors’ indirect reference at trial to his failure to testify. The district court granted the petition. For the following reasons we affirm.
I
BACKGROUND
A. The Trial
The State of…
2Cases cited48 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Murray v. CarrierSupreme Court of the United States · 1986
- Simmons v. United StatesSupreme Court of the United States · 1968
- Wainwright v. SykesSupreme Court of the United States · 1977
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3Cited by86 opinions
- Bieghler v. StateIndiana Supreme Court · 1997
- State v. McGuireOhio Supreme Court · 1997
- Kenneth Wayne Magouirk v. Michael Phillips, Warden, Winn Correctional Center and Richard P. Ieyoub, Attorney General, State of LouisianaCourt of Appeals for the Fifth Circuit · 1998
- Arthur L. Belford v. United StatesCourt of Appeals for the Seventh Circuit · 1992
- Prou v. United StatesCourt of Appeals for the First Circuit · 1999
81 more not listed; retrieve them via the Exa API.