Submitted Under Third Circuit Rule 12(6) September 7, 1978.
OPINION
A. LEON HIGGINBOTHAM, Jr., Circuit Judge.
I.
We are confronted here with the question of whether a federal court is powerless to review a petition for a federal writ of habeas corpus when a defendant has waited almost twelve years for the state trial court to rule on a motion for a new trial. The district court found that the petition is "premature"
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