No. 23-7557

Paul Henry Gibson v. Tim Shoop, Warden

Lower Court: Sixth Circuit
Docketed: 2024-05-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-violation due-process equitable-tolling habeas-corpus hospital-records incapacitation judicial-bias procedural-error structural-error
Latest Conference: 2024-06-20
Question Presented (from Petition)

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

Question Presented (AI Summary)

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?

Docket Entries

2024-06-24
Petition DENIED.
2024-06-05
DISTRIBUTED for Conference of 6/20/2024.
2024-06-03
Waiver of right of respondent Tim Shoop to respond filed.
2024-03-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2024)

Attorneys

Paul Henry Gibson
Paul Henry Gibson — Petitioner
Tim Shoop
Michael Jason HendershotOhio Attorney General's Office, Respondent