Huenefeld v. Maloney

ORDER ON MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

STEARNS, District Judge.

Upon review of the Magistrate Judge’s thorough Report and the petitioner’s Objections, I will adopt her Recommendation that the petition for writ of habeas corpus be DENIED. I agree with the Magistrate Judge’s finding that the prosecutor’s “[o]ne tells you why” statement constituted an improper comment on the petitioner’s decision not to testify (Ground 8) but that in the totality of the trial the error was not of such magnitude as to cast doubt on the integrity of the verdict.

SO ORDERED.

FINDINGS AND RECOMMENDATION…