Glenn Charles v. Charles Anderson, Warden

PHILLIPS, Senior Circuit Judge.

The appeal in this habeas corpus case presents the question whether a murder defendant who, shortly after his arrest and after receiving Miranda warnings, offered an exculpatory story that is inconsistent with the story he told at trial, may be cross-examined about his post-arrest failure to assert his trial version of the story. On the authority of Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976), we hold that he may not.

I

Petitioner-appellant Glenn Charles was found guilty on October 9,1972, of the first degree murder of Theodore Ziefle by…