I. WHEN DETERMINGING THE TIMLINESS OF A MOTION TO VACATE PURSUANT TO
28 USC 2255, WHAT PLEADING DETERMINES THE RELEVANT PLEADING WHEN
MAKING THAT DETERMINATION

II. CAN A DEFENDANT SECURE A FIFTH AMENDMENT DUE PROCESS VIOLATION
RESULTING FROM PREJUDICIAL PRE INDICTMENT DELAY INCURRED IN
NEGLIGENCE AND RECKLESS DISREGARD, PROVIDED THE PREJUDICE
IS SUFFICIENTLY SEVERE

III. WHERE A DEFENDANT REJECTS A FORMAL PLEA IN OPEN COURT, PURSUANT
TO A COURTS FRYE HEARING, DOES THAT BAR HIM FROM MAKING A VALID
CLAIM PURSUANT TO THIS COURTS RULING IN LAFLER V. COOPER

When determining the timeliness of a motion to vacate pursuant to 28 USC 2255, what pleading determines the relevant pleading when making that determination