McKinley Dudley v. Jack Duckworth, Warden, and Indiana Attorney General

HARLINGTON WOOD, Jr., Circuit Judge.

McKinley Dudley, petitioner-appellant, was convicted by a jury in an Indiana state court of aiding a bank robbery for which codefendants Kennis Butler and Rodney Phillips were convicted in the same trial.1 The Indiana Supreme Court affirmed their convictions after reviewing numerous alleged errors.2 Thereafter, Dudley filed this petition for writ of habeas corpus under 28 U.S.C. § 2254. The principal claims Dudley raises in this appeal are that comments by the prosecutor about Dudley’s silence violated his rights under the fifth and fourteenth amendments,…