Legal Opinion
Girts v. Yanai
Court of Appeals for the Sixth Circuit
Decided September 5, 2007No. 05-4023PublishedCited by 85 opinions
1Opinion of the CourtClay, J., joined by Martin, J.,
BATCHELDER, J. (pp. 761-62), delivered a separate dissenting opinion.
OPINION
CLAY, Circuit Judge.
Petitioner Robert Girts appeals the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner argues that his conviction for aggravated murder violated his Fifth and Sixth Amendment rights because the prosecution improperly commented on his right to remain silent during closing argument, and his trial counsel was ineffective in failing to object to the prosecutor’s statements. For the reasons that follow, we REVERSE the district court’s decision,…
2Cases cited46 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Coleman v. ThompsonSupreme Court of the United States · 1991
- United States v. CronicSupreme Court of the United States · 1984
- Griffin v. CaliforniaSupreme Court of the United States · 1965
41 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- United States v. WarshakCourt of Appeals for the Sixth Circuit · 2010
- Jells v. MitchellCourt of Appeals for the Sixth Circuit · 2008
- Cristini v. McKeeCourt of Appeals for the Sixth Circuit · 2008
- United States v. JohnsonCourt of Appeals for the Sixth Circuit · 2009
- Smith v. BradshawCourt of Appeals for the Sixth Circuit · 2010
80 more not listed; retrieve them via the Exa API.