Gerald Wayne Phelps v. Jack R. Duckworth, Warden Indiana State Prison, and Linley E. Pearson, Attorney General of Indiana

As an intermediate appellate court judge obliged to follow the contemporary and controlling teachings of Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976), I am compelled to find that a Doyle violation occurred in this case. I therefore respectfully limit myself to registering a dissent from Part I of the majority’s opinion and a detachment from the broad-ranging reflections contained in the concurring opinions of my brothers Posner and Easter-brook. The record in this case reflects that petitioner Phelps made a few brief comments after his arrest and receipt of Miranda…