United States Sixth Circuit

Dismissal of a petition for writ of habeas corpus challenging convictions for murder and felonious assault, with firearm specifications, is affirmed where the district court correctly found that a state court's rejection of a claim that petitioner's post-arrest silence was improperly used against him at trial was not an unreasonable application of Supreme Court precedent.

Appellate Information

• Decided 10/21/2008
• Published 10/21/2008

Judges

• Before:  GUY, RYAN, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen P. Hardwick, Ohio Public Defender's Office, Columbus, Ohio, for Appellant.  Gene D. Park, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.   ON BRIEF:  Theresa G. Haire, Ohio Public Defender's Office, Columbus, Ohio, for Appellant.  Gregory T. Hartke, Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee.