Duke v. Allen, No. 09-16011 (11th Cir. 2011)
Annotate this CasePetitioner filed a petition for writ of habeas corpus relief pursuant to 18 U.S.S.C. 2254 after he was convicted of capital murder and sentenced to death for the murders of his father and three other persons. At issue was whether the Alabama Court of Criminal Appeals unreasonably applied clearly established federal law by concluding that the prosecutor did not comment on petitioner's silence at trial. The court denied the petition for habeas relief and held that the state court's adjudication of petitioner's claim did not violate clearly established federal law where the prosecutor's statement at issue was not the kind of compelled self-incrimination barred by clearly established federal law and where, without a more descriptive statement in the record of the supposed gesture at issue, multiple interpretations of the trial record were possible.
The court issued a subsequent related opinion or order on November 23, 2011.
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