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 grant of Steve L. Hunter’s petition for writ of habeas corpus. The district court granted the petition for habeas corpus on the ground that the Indiana state trial court’s refusal to provide Hunter with his requested instruction that the jury make no adverse inference from Hunter's failure to testify violated Hunter’s privilege against self-incrimination under the fifth and fourteenth amendments of the United States Constitution. We reverse.

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