Legal Opinion
Larry Raper, Cross-Appellee v. Barry Mintzes, Cross-Appellant
Court of Appeals for the Sixth Circuit
Decided April 27, 1983No. 82-1139, 82-1184PublishedCited by 53 opinions
1Opinion of the Court
CONTIE, Circuit Judge.
Both parties appeal from the district court’s order granting in part and denying in part the petitioner’s claim for habeas corpus relief pursuant to 28 U.S.C. § 2254. The central issue on appeal is whether comments made by the prosecutor in closing argument about the uncontradicted nature of certain evidence were unconstitutional references to the petitioner’s failure to testify. We find that they were and affirm the district court’s judgment in all respects.
I
In early 1976, the petitioner Larry Raper separated from his wife Brenda and Brenda filed for divorce. Shortly…
2Cases cited19 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Wainwright v. SykesSupreme Court of the United States · 1977
- Lockett v. OhioSupreme Court of the United States · 1978
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
14 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- John W. Byrd, Jr. v. Terry L. Collins, WardenCourt of Appeals for the Sixth Circuit · 2000
- Johnny Ray Bagby v. Dewey Sowders, Warden, Northpoint Training CenterCourt of Appeals for the Sixth Circuit · 1990
- Richard Joseph, Petitioner-Appellant/cross-Appellee v. Ralph Coyle, Warden, Respondent-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 2006
- United States v. George E. Moore (88-5932) and Charles R. Morse, (88-5942)Court of Appeals for the Sixth Circuit · 1990
- United States v. Eric J. MonaghanCourt of Appeals for the D.C. Circuit · 1984
48 more not listed; retrieve them via the Exa API.