Walter B. Lebowitz v. Louie L. Wainwright, Secretary, Florida Department of Corrections

*975FAY, Circuit Judge:

By his petition for writ of habeas corpus, the defendant invites this court to travel along a time line of existing Supreme Court decisions concerning a prosecutor’s ability to comment on a defendant’s silence. Specifically, we have been asked to find that a prosecutor is prohibited from questioning or commenting on the defendant’s failure to provide an exculpatory explanation when confronted by police in what has been alleged to be a custodial detention prior to arrest. The facts of this case, however, do not support petitioner’s premise that a custodial detention occurred…