Chadwick Dotson, Director, Virginia Department of Corrections v. Berman Justus, Jr.
Whether a habeas petitioner can show that a mental illness constitutes an "extraordinary circumstance" that warrant s 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 ?
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?