No. 18-6450

Justen Russell v. LaShann Eppinger, Warden

Lower Court: Sixth Circuit
Docketed: 2018-10-26
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP
Tags: 28-usc-2244 aedpa aedpa-limitations appeal appellate-rights diligence due-process equitable-tolling habeas-corpus mental-health-confinement mental-illness right-to-appeal state-created-impediment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-04-12 (distributed 3 times)
Question Presented (AI Summary)

Does the complete failure by court and counsel to advise a defendant of his right to appeal and the time period in which to do so constitute a 'state-created impediment' sufficient to toll the AEDPA limitations period under 28 U.S.C. §2244(d)(1)(b)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW : I. DOES THE COMPLETE FAILURE BY COURT AND COUNSEL TO . ADVISE A DEFENDANT OF HIS RIGHT TO APPEAL AND THE. . TIME PERIOD IN WHICH TO DO SO CONSTITUTE A "“STATECREATED IMPEDIMENT’ SUFFICIENT TO TOLL THE AEDPA LIMITATIONS PERIOD UNDER 28 U.S.C. §2244(d)(1)(b)? IL. WHAT LEVEL OF DILIGENCE IS REQUIRED OF A MENTALLY ILL . . PRISONER DEFENDANT WHO, AFTER BEING LEFT COMPLETELY. IGNORANT OF THE EXISTENCE OF AND HIS RIGHT TO ACCESS a APPELLATE REMEDIES, IS CONFINED IN A LOCKDOWN MENTAL ; HEALTH PRISON UNIT WITHOUT LAW LIBRARY ACCESS, TO ; SATISFY THE "DILIGENCE" REQUIREMENT OF 28 U.S.C. , §2244(d)(1)(D) AND FOR EQUITABLE TOLLING UNDER _ HOLLAND V. FLORIDA (2010) 560 U.S. 631? . -i ,

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-06
Rescheduled.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2019-02-05
Brief of respondent Lashann Eppinger in opposition filed.
2019-01-04
Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2019.
2019-01-02
Motion to extend the time to file a response from January 7, 2019 to February 6, 2019, submitted to The Clerk.
2018-12-06
Response Requested. (Due January 7, 2019)
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-20
Waiver of right of respondent Lashann Eppinger to respond filed.
2018-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2018)

Attorneys

Justen Russell
Justen Russell — Petitioner
Justen Russell — Petitioner
Lashann Eppinger
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent