ALLGOOD, Senior District Judge:
This is an appeal from the district court's granting of habeas corpus relief pursuant to 28 U.S.C. § 2254. The respondents appealed from the lower court's order directing the release of the petitioner unless retried within ninety days, and the petitioner cross-appealed from certain other aspects of the order. We conclude that the court's order granting the writ is due to be affirmed.
I. Background
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