Paul Henry Gibson v. Tim Shoop, Warden
Does the lower court's decision to bar petitioner, and deny equitable tolling for the period of time petitioner was incapacitated, in the intensive care unit, and on life support at Ohio State University Hospital violate due-process and the principles of fairness when that decision is based on petitioners failure to present the hospital records to prove he was in the Hospital, when the Warden has the records in his possession, and the petitioner has diligently sought to obtain the records In question?
2. Should petitioner be required to submit the hospital records when the warden is not disputing the fact that he was in the hospital for the time requesting to be tolled, Oct. 21st 2012 through December 6th of 2021?
3. Is it not a conflict when one court denies equitable tolling for an extraordinary circumstance and another grants it under similar circumstances.
(see Harper v. Ercole, 648 F.3d 132) Pg. 9,38.
4. Should a constitutional violation so sever as to create a structural error, producing a result that is unreliable, be dismissed as a procedural error?
5. Is it not well established that once judicial bias is confirmed, that the only remedy is a new trial
Does the lower court's decision to bar petitioner, and deny equitable tolling for the period of time petitioner was incapacitated, violate due-process and the principles of fairness?