Justen Russell v. LaShann Eppinger, Warden
DueProcess HabeasCorpus
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)?
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 ,