Nature of the Case
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Facts
Jenkins (D) stabbed Redding, and was charged with first-degree murder. D claimed that he stabbed him in self-defense. However, he did not report the incident to the police for two weeks, and the prosecution used this against D at trial when D took the stand. In cross-examination and closing argument to the jury, the prosecutor referred to D's pre-arrest silence. D was convicted. The Michigan Court of Appeals affirmed the conviction, and the Michigan Supreme Court denied leave to appeal. D then sought a writ of habeas corpus contending that his constitutional rights were violated when the prosecutor questioned him concerning prearrest silence. The District Court denied the petition. The United States Court of Appeals for the Sixth Circuit affirmed.
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