SMITH v. DUCKWORTH

No. 87-2670.

856 F.2d 909 (1988)

James Arnold SMITH, Petitioner-Appellant, v. Jack R. DUCKWORTH and Indiana Attorney General, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 6, 1988.


Attorney(s) appearing for the Case

Kathryn B. O'Neall O'Neall & O'Neall, Remington, Ind., for petitioner-appellant.

Michael Schoening, Deputy Atty. Gen., Indianapolis, Ind., for respondents-appellees.

Before CUDAHY, FLAUM, and MANION, Circuit Judges.


FLAUM, Circuit Judge.

James A. Smith appeals from the district court's denial of his petition for a writ of habeas corpus. We remand to the district court for an evidentiary hearing on the issue of the voluntariness of Smith's confession.

I.

On July 28, 1973, a liquor store in Hammond, Indiana was robbed and its owner, Steve Gabor, was fatally shot. The crime remained unsolved for over a year until September 17, 1974, when Smith voluntarily visited...

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