Legal Opinion

United States of America Ex Rel. Charles "Chuck" Miller v. James Greer, Warden, Menard Correctional Center

Court of Appeals for the Seventh Circuit

Decided November 14, 1985No. 84-2679PublishedCited by 7 opinions

1Opinion of the Court

FLAUM, Circuit Judge.

Petitioner Charles Miller appeals the denial of his petition for a writ of habeas corpus, contending that his constitutional rights were violated when the prosecutor improperly commented on his post-arrest silence during his trial in state court for murder, kidnapping, and robbery. We reverse the district court’s denial of the writ.

I

This case involves the brutal kidnapping, murder, and robbery of Neil Gorsuch during the early morning hours of February 9, 1980, in Morgan County, Illinois. Petition er was indicted for the crimes on February 11, 1980, along with Clarence…

Also in this document: Dissent.

2Cases cited11 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Doyle v. OhioSupreme Court of the United States · 1976
  3. United States v. HastingSupreme Court of the United States · 1983
  4. Fletcher v. WeirSupreme Court of the United States · 1982
  5. Joseph Hawkins, A/K/A Joseph Davis v. Eugene Lefevre, Superintendent, Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1985

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Greer v. MillerSupreme Court of the United States · 1987
  2. 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
  3. 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
  4. Greer v. MillerSupreme Court of the United States · 1987
  5. United States ex rel. Lavis v. O'LearyDistrict Court, N.D. Illinois · 1988

2 more not listed; retrieve them via the Exa API.

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