A recent opinion issued by the Eleventh Circuit is the latest example of how difficult it can be for a criminal defendant to win a petition for writ of habeas corpus.  On May 26, 2011, the Eleventh Circuit affirmed the District Court’s denial of Mark Duke’s 2254 petition, finding that the Alabama prosecutor’s statements made in closing argument did not impermissibly comment on Duke’s right to remain silent.  However, in a strong dissent, Circuit Judge Wilson pointed out the logical flaws of the majority opinion’s analysis of the prosecutor’s statements.  The slip opinion can be found here.