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United States First Circuit


KIBBE v. DUBOIS, 00-2440

Because the law is unsettled regarding whether a defendant's post arrest silence is admissible where the defendant otherwise cooperated, the petitioner cannot show that state court's decision was objectively unreasonable.

Appellate Information

  • Decided 10/23/2001
  • Published 10/23/2001

Judges

  • TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Annette C. Benedetto, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for appellants.

  • For Appellees:
  • Brownlow M. Speer, on brief, for appellee.
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