Legal Opinion
Kibbe v. Dubois
Court of Appeals for the First Circuit
Decided October 23, 2001No. 00-2440PublishedCited by 24 opinions
1Opinion of the Court
TORRUELLA, Circuit Judge.
Appellee Mark A. Kibbe (“Kibbe”) was charged with arson of a dwelling house in Hampden County court in Massachusetts. He was tried before a jury on June 9 and 10, 1992, and found guilty of the lesser included offense of arson of a building. After exhausting state court, remedies, Kibbe petitioned for the writ of habeas corpus. The district court granted Kibbe’s petition, ruling that the prosecutor’s reference to Kibbe’s post-Miranda silence during cross examination and closing arguments was unconstitutional. Because we conclude that Kibbe has not satisfied his burden…
2Cases cited19 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- Doyle v. OhioSupreme Court of the United States · 1976
- Jenkins v. AndersonSupreme Court of the United States · 1980
- United States v. HaleSupreme Court of the United States · 1975
- Fletcher v. WeirSupreme Court of the United States · 1982
14 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Cortez Miller v. Dennis M. Straub, Warden, Kermit Eldridge Haynes v. Luella Burke, Warden, Saginaw Correctional FacilityCourt of Appeals for the Sixth Circuit · 2002
- Neal v. PuckettCourt of Appeals for the Fifth Circuit · 2002
- United States v. GentryCourt of Appeals for the Eighth Circuit · 2009
- United States v. ThompsonCourt of Appeals for the First Circuit · 2006
- Delaney v. BarteeCourt of Appeals for the First Circuit · 2008
19 more not listed; retrieve them via the Exa API.