Steve L. Hunter v. Richard Clark and Indiana Attorney General

COFFEY, Circuit Judge.

Richard Clark, Superintendent of the Indiana State Prison, and the Indiana Attorney General appeal the district court’s granting of Steve Hunter’s habeas corpus petition on the ground that the state trial judge’s refusal to give the requested “no adverse inference” instruction violated Hunter’s Fifth Amendment privilege against self-incrimination. Because we hold that the overwhelming evidence of Hunter’s guilt makes the state court’s refusal to give the instruction harmless beyond a reasonable doubt, we reverse.

I. PROCEDURAL STATUS OF THE CASE

The facts leading to…