QUESTION 1: Equitable Tolling: Whether the Holland Court's direction to review with flexibility the circumstances warranting equitable tolling is consistently applied where the Circuits are split into two disparate approaches: some using a flexible totality of the circumstances approach and others a rigid circumstance-by-circumstance approach, where each circumstance is viewed in isolation.

QUESTION 2: Structural Error: Whether a Petitioner is entitled to habeas review for raising an issue of Constitutional magnitude when the issue raised is one of structural error based on the petitioner being deprived of his 6th Amendment guarantee of meaningful adversarial confrontation and denial of assistance of counsel.

Equitable Tolling under AEDPA