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 (from Petition)

I. DOES THE COMPLETE FAILURE TO ADVISE OF HIS RIGHT TO APPEAL AND THE FAILURE OF A DEFENDANT "STATE IMPEDIMENT" SUFFICIENT TIME PERIOD IN WHICH TO TOLL THE AEDPA LIMITATIONS PERIOD UNDER 28 U.S.C. §2244(d)(1)(b)?

II. WHAT LEVEL OF DILIGENCE IS REQUIRED OF A MENTALLY ILL DEFENDANT WHO, AFTER BEING LEFT COMPLETELY IGNORANT OF APPELLATE REMEDIES, IS CONFINED IN A PRISON LOCKDOWN MENTAL HEALTH UNIT WITHOUT ACCESS TO LAW LIBRARY ACCESS, TO SATISFY THE "DILIGENCE" REQUIREMENT OF 28 U.S.C. §2244(d)(1)(D) AND HOLLAND V. FLORIDA (2010) 560 U.S. 631?

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)?

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
Lashann Eppinger
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent