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SMITH v. GONZALES

Nos. 99-2267, 99-2274.

222 F.3d 1220 (2000)

William "Stump" SMITH, Plaintiff-Appellant-Cross-Appellee, v. Robert L. GONZALES, Defendant-Appellee, Archie Borunda, and John and Jane Does Nos. 1-10, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

July 25, 2000.

Attorney(s) appearing for the Case

Ray Twohig, Albuquerque, NM, appearing for Plaintiff-Appellant and Cross-Appellee William Smith.

Luis E. Robles, French & Associates, P.C., Albuquerque, NM, appearing for Defendants-Appellees and Cross-Appellants Archie Borunda and John and Jane Does Nos. 1-10.

Robert Don Lohbeck and John E. Du-Bois, Santa Fe, NM, filed a brief for Defendant-Appellee Robert L. Gonzales.

Before TACHA, BALDOCK, and BRORBY, Circuit Judges.

TACHA, Circuit Judge.

Plaintiff-Appellant William "Stump" Smith appeals the district court's dismissal of his civil rights suit. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

In 1977, the State of New Mexico tried Smith for the kidnapping and murder of two women. The trial court declared a mistrial due to the jury's inability to reach a unanimous verdict. In 1978, a second jury acquitted Smith of the kidnapping charges...

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