Robert Mitchell Pitts v. James v. Anderson, Superintendent, Mississippi State Penitentiary

*277DAVIS, Circuit Judge:

Mississippi state prisoner Robert Mitchell Pitts appeals from the district court’s denial of his habeas corpus petition filed pursuant to 28 U.S.C. § 2254. Pitts alleges that the prosecutor in his state trial improperly impeached him using his post-Miranda1 silence, in violation of Doyle v. Ohio, 426 U.S. 610, 619-20, 96 S.Ct. 2240, 2245-46, 49 L.Ed.2d 91 (1976). Concluding that the prosecutor’s questions and comments do not violate Doyle, we affirm the judgment of the district court and deny the writ of habeas corpus.

I

This case arises from an incident occurring in the…