Legal Opinion
James Arnold Smith v. Jack R. Duckworth, and the Indiana Attorney General
Court of Appeals for the Seventh Circuit
Decided August 23, 1990No. 89-3205PublishedCited by 24 opinions
1Opinion of the Court
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. For his role in the incident, Smith was convicted of one count of murder and one count of murder during the commission of a robbery. He was…
2Cases cited14 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Colorado v. ConnellySupreme Court of the United States · 1986
- Miller v. FentonSupreme Court of the United States · 1985
- United States v. Roger RutledgeCourt of Appeals for the Seventh Circuit · 1990
- Daniel Andersen v. James Thieret, WardenCourt of Appeals for the Seventh Circuit · 1990
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Gill v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 2017
- William Smith v. Secretary of New Mexico Department of Corrections Derald Kerby, Warden, Central New Mexico Correctional FacilityCourt of Appeals for the Tenth Circuit · 1995
- Daniel Holland v. Kenneth McGinnis Warden, and Michael P. Lane, Director, Illinois Department of CorrectionsCourt of Appeals for the Seventh Circuit · 1992
- Norman J. Johnson v. Clarence TriggCourt of Appeals for the Seventh Circuit · 1994
- United States v. Kenneth G. MontgomeryCourt of Appeals for the Seventh Circuit · 1994
19 more not listed; retrieve them via the Exa API.