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   Federal Courts - 4th Circuit Court of Appeals - March 1, 2007

  
United States v. Wagner, No. 06-7512, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2007, Decided
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Overview: Certificate of appealability was denied, under 28 U.S.C.S. § 2253(c), and defendant's appeal from dismissal of successive 28 U.S.C.S. § 2255 motion was dismissed as he failed to show that reasonable jurists would have found that any assessment of constitutional claims and any dispositive procedural ruling by district court were debatable or wrong.

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Zinkand v. Brown, No. 05-2170, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2007, Decided
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Overview: Where a police officer was granted summary judgment in an arrestee's excessive force suit, denial of the arrestee's Fed. R. Civ. P. 59(e) motion for reconsideration, which was based on judicial estoppel from the arrestee's Alford plea, was vacated because judicial estoppel was inapplicable since there was no finding of bad faith by the arrestee.

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