David Wayne Greenfield, Etc. v. Louie L. Wainwright, Etc.

TJOFLAT, Circuit Judge:

David Wayne Greenfield was convicted after a jury trial in Florida state court of sexual battery committed with force likely to cause serious personal injury. He was sentenced to life imprisonment. In this habeas corpus action, he raises one issue, whether the prosecutor’s argument to the jury that Greenfield’s post-arrest silence showed him to be sane violated his fifth and fourteenth amendments right to a fair trial. The district court denied relief; we reverse.

I

On June 21, 1975, petitioner was walking on a path through the woods to Lido Beach, near Sarasota, Florida.…