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Respondent-appellant Larry Meachum, Connecticut Commissioner of Corrections, appeals from a judgment entered on February 14, 1990, in the United States District Court for the District of Connecticut (Nevas, J.) granting petitioner-appellee Jonathan Bradley's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1988). Meachum contends that, in granting the petition, the district court improperly concluded that Bradley's due process rights were violated by references at trial to Bradley's purported invocation of his fifth amendment right to remain silent. Bradley argues that the district court properly found that his right to remain silent had been violated. As alternative grounds for granting the petition, Bradley argues that the prosecutor improperly bolstered the credibility of the key state witness during the closing argument and that the trial court erred by charging the jury on alternative theories of attempt liability.

We hold that the district court improvidently concluded that Bradley invoked his right to remain silent. We also find that the improprieties in the prosecutor's summation did not substantially prejudice Bradley's right to a fair trial. Finally, we conclude that there was sufficient evidence to support both theories of attempt as presented in the jury charge. Accordingly, the judgment of the district court granting Bradley's petition for a writ of habeas corpus is reversed.


918 F.2d 338 (1990)

Jonathan BRADLEY, Petitioner-Appellee,


Larry MEACHUM, Commissioner of Corrections, Respondent-Appellant.

No. 1489, Docket 90-2081.

United States Court of Appeals, Second Circuit.

Argued August 15, 1990.

Decided November 2, 1990.

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