United States of America Ex Rel. William A. Wax v. John J. Twomey, Warden Illinois State Penitentiary

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 was not present during a 20-minute period of observation by a state psychiatrist after indictment. It was dismissed with a written opinion upon a careful review of…