(Download) "Department of Education v. Katherine D." by United States Court of Appeals for the Ninth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Department of Education v. Katherine D.
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 07, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Daniel L. Bruno was convicted in 1978 of first degree murder and his conviction was affirmed by the California courts. He thereafter petitioned the United States District Court for the Northern District of California for a writ of habeas corpus. He proceeded on two grounds. He charged first that his prosecutor had violated Doyle v. Ohio, 426 U.S. 610, 49 L. Ed. 2d 91, 96 S. Ct. 2240 (1976) by unfairly disclosing and using the defendants post-arrest silence to suggest to the jury that the entire defense first related at trial must therefore have been fabricated. He relied on several allegations of prejudicial and impermissible comments by the prosecutor as the second basis for his petition. This court agrees with the district court that the prosecutors comments were improper and not harmless beyond a reasonable doubt. Therefore, since there is an independent and sufficient basis to affirm the district courts grant of the writ, we do not reach the claim that Doyle error occurred.