HARLINGTON WOOD, Jr., Circuit Judge.
The government appeals from the district court's grant of James Arnold Smith's petition for a writ of habeas corpus. This is a most unfortunate situation because the intervention of time now prevents a factual exploration of a critical pretrial issue, and a deserved state retrial may not be feasible.
I. BACKGROUND
On July 28, 1973, Steve Gabor was fatally shot during a robbery of his Hammond, Indiana, liquor store...
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