UNITED STATES EX REL. WAX v. TWOMEY

No. 71-1769.

465 F.2d 352 (1972)

UNITED STATES of America ex rel. William A. WAX, Petitioner-Appellant, v. John J. TWOMEY, Warden Illinois State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 5, 1972.


Attorney(s) appearing for the Case

William L. Soards, Frank E. Spencer, Indianapolis, Ind., for petitioner-appellant.

William J. Scott, Atty. Gen., Joel M. Flaum and Jayne A. Carr, Asst. Attys. Gen., Chicago, Ill., for respondent-appellee.

Before Mr. Justice CLARK, CASTLE, Senior Circuit Judge, and CUMMINGS, Circuit Judge.


CLARK, Associate Justice:

This is the second appeal that has been perfected from successive dismissals by the United States District Court of petitions for habeas corpus filed by Wax, who was convicted of murdering his wife's lover in 1965. This case, however, raises entirely different issues, one of which has not yet been decided by the state courts.1

In his first federal court application Wax raised the sole issue that his counsel...

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