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WHITLOCK v. GODINEZ

No. 93-3731.

51 F.3d 59 (1995)

Herbert WHITLOCK, Petitioner-Appellant, v. Salvador GODINEZ, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 9, 1995.

Attorney(s) appearing for the Case

Thomas Peters (argued), Murphy, Peters & Davis, Chicago, IL, for petitioner-appellant.

Arleen C. Anderson, Asst. Atty. Gen., Office of the Atty. Gen. and Nancy L. Grauer (argued), Office of the Atty. Gen., Cr. Appeals Div., Chicago, IL, for respondent-appellee.

Before POSNER, Chief Judge, ROVNER, Circuit Judge, and MORAN, District Judge.

MORAN, District Judge.

Petitioner Herbert Whitlock (Whitlock) appeals the denial of his petition for habeas corpus brought under 28 U.S.C. § 2254. The district court dismissed Whitlock's petition as a successive writ, concluding that the same issues were raised in an earlier habeas petition. Whitlock argues that the successive writ doctrine does not apply if there has never been an evidentiary hearing to resolve disputed facts, and that even if it is applicable...

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