Angelo C. Pearson, II v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.
DueProcess
1) Considering that federal habeas courts maintain their power to fashion equitable remedies that allow for review and correction of otherwise barred constitutional claims under extraordinary circumstances, are "extraordinary circumstances" present when: (a) the face of a state prisoner's record shows a constitutional error that meets the federal "plain error" standard; and (b) he has no realistic means to even obtain a merits review in the state courts because they do not employ any comparable constitutional safeguard for overcoming applicable default rules? And, if so;
2) Is equitable tolling available as a gateway for federal review of an otherwise time-barred constitutional claim that meets the federal "plain error" standard?
Whether 'extraordinary circumstances' are present when a state prisoner's record shows a constitutional error that meets the federal 'plain error' standard, and the state courts do not employ any comparable constitutional safeguard for overcoming applicable default rules, and whether equitable tolling is available as a gateway for federal review of an otherwise time-barred constitutional claim that meets the federal 'plain error' standard