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ZAGORSKI v. MAYS

No. 18-6052.

907 F.3d 901 (2018)

Edmund ZAGORSKI, Petitioner-Appellant, v. Tony MAYS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 29, 2018.

Attorney(s) appearing for the Case

COUNSEL ON BRIEF: Paul R. Bottei , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Nashville, Tennessee, for Appellant. John H. Bledsoe , OFFICE OF THE ATTORNEY GENERAL OF TENNESSEE, Nashville, Tennessee, for Appellee.

COOK, J., delivered the opinion of the court in which GRIFFIN, J., joined. COLE, C.J. (pp. 908-12), delivered a separate dissenting opinion.

OPINION

Edmund Zagorski, a Tennessee capital prisoner, appeals from the district court's denial of relief from judgment under Federal Rule of Civil Procedure 60(b), asserting that his impending execution, an intervening Supreme Court decision, and the merits of three procedurally defaulted constitutional claims mandate...

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