No. 23-652

Chadwick Dotson, Director, Virginia Department of Corrections v. Berman Justus, Jr.

Lower Court: Fourth Circuit
Docketed: 2023-12-15
Status: Denied
Type: Paid
Experienced Counsel
Tags: civil-procedure equitable-tolling extraordinary-circumstance federal-rule-of-civil-procedure-60(b)(6) habeas habeas-corpus mental-illness statute-of-limitations
Key Terms:
HabeasCorpus
Latest Conference: 2024-03-22
Question Presented (AI Summary)

Whether a habeas petitioner can show that a mental illness constitutes an 'extraordinary circumstance' that warrants reopening a final judgment under Federal Rule of Civil Procedure 60(b)(6), and equitably tolling the statute of limitations, without evidence that the mental illness rendered the petitioner incapable of filing during the limitations period?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a habeas petitioner can show that a mental illness constitutes an “extraordinary circumstance” that warrants reopening a final judgment under Federal Rule of Civil Procedure 60(b)(6), and equitably tolling the statute of limitations, without evidence that the mental illness rendered the petitioner incapable of filing during the limitations period?

Docket Entries

2024-03-25
Petition DENIED.
2024-03-06
DISTRIBUTED for Conference of 3/22/2024.
2024-03-04
2024-02-15
2024-01-09
Motion to extend the time to file a response is granted and the time is extended to and including February 15, 2024.
2024-01-05
Motion to extend the time to file a response from January 16, 2024 to February 15, 2024, submitted to The Clerk.
2023-12-13
2023-10-25
Application (23A370) granted by The Chief Justice extending the time to file until December 13, 2023.
2023-10-16
Application (23A370) to extend the time to file a petition for a writ of certiorari from November 13, 2023 to December 13, 2023, submitted to The Chief Justice.

Attorneys

Berman Justus, Jr.
Jonathan Yates EllisMcGuireWoods LLP, Respondent
Jonathan Yates EllisMcGuireWoods LLP, Respondent
Chadwick Dotson
Andrew Nathan FergusonOffice of the Attorney General, Petitioner
Andrew Nathan FergusonOffice of the Attorney General, Petitioner