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