Fred Sisto | Criminal Attorney | Ocean and Monmouth County

Call Us Today
732-898-3232

  • Home
  • Criminal Defense Services
    ▼
    • Drug Crimes
      ▼
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      ▼
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      ▼
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      ▼
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    ▼
    • Testimonials
    • Defending Cases In
      ▼
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    ▼
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
  • Home
  • Criminal Defense Services
    • Drug Crimes
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    • Testimonials
    • Defending Cases In
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
Home >> Habeas Petitions and Access to Law Libraries (Part 2)

January 5, 2022 by Fred Sisto

Habeas Petitions and Access to Law Libraries (Part 2)

The dissent continued in relevant part: Specifically, prisons must provide the legal materials and “tools that the inmates need in order to attack their sentences, directly or collaterally.” Lewis, 518 U. S., at 355. Several Circuits have held, therefore, that a prison’s failure to provide these “tools” may constitute an unconstitutional government impairment that tolls the 1-year statutory filing deadline for seeking habeas relief under §2255 or §2244. If this rule applied to Simmons, his habeas petition was timely because he filed it within a year of his arrival at a prison that enabled him to access federal legal materials. See §2255(f)(2).

The Sixth Circuit held that Simmons’ petition was time barred, even if he had no access to federal habeas materials and even if this lack of access was unconstitutional, because it found his explanation “conclusory” as to why a lack of all federal habeas materials impeded his filing. 974 F. 3d, at 797. The court acknowledged that Simmons had alleged that the lack of access to federal law “prevented” him from filing and that he “did not, strictly speaking, need to answer any particular question” in the allegations of his petition. It nonetheless concluded that he should have known to provide additional details by, for instance, explaining that he discovered the lack of materials when he attempted to go to the library or asked for legal assistance. Ibid.

The Sixth Circuit’s reasoning appears questionable. To the extent the court was imposing a diligence requirement for invoking the §2255(f)(2) filing deadline, that requirement appears nowhere in the provision’s text. To the extent the court was not imposing such a requirement, it was likely imposing an inappropriately high bar on a pro se filing.

The Sixth Circuit’s analysis mirrors the illogical reasoning underpinning discovery violations. Courts routinely find harmless error in the State’s failure to provide discovery unless a defendant can point to how the discovery would have changed the outcome of the case. Without the discovery to review, it is not possible to point to specific aspects of it. Without access to the law library materials, it is not possible to point to specific materials that would have helped with the habeas petition.

Filed Under: Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Testimonials

Fred is a stickler for detail and communicates with clients very, very well. He is smart and astute. I would recommend him unconditionally.

Tom O   

I would highly recommend Mr. Sisto. He is very insightful and proficient, yet still down to Earth. Fred is great at communicating and breaking down the facts. But most importantly, he excels at getting results.

Bill K   

Thanks to Fred I have no criminal record whatsoever.

Luke A   

Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation.

Raumelis R   
See More Testimonials

Recent Posts

  • Drug Recognition Evidence (Part 3)
  • Drug Recognition Evidence (Part 2)
  • Drug Recognition Evidence (Part 1)
  • Shoplifting and Sales Tax (Part 2)
  • Shoplifting and Sales Tax (Part 1)
  • Handgun Permit-To-Carry Applications (Part 3)
  • Handgun Permit-To-Carry Applications (Part 2)
  • Handgun Permit-To-Carry Applications (Part 1)

Recent Speaking Engagement

Site Disclaimer

Attorney Referral Fees

Frederick P Sisto has earned Lawyer Legion's recognition for Community Leadership
 
Top Criminal Defense Attorney in Brick

Law Office of Frederick P. Sisto

Point Pleasant Office*:
302 Hawthorne Ave, Suite 1
Point Pleasant Beach, NJ 08742

Brick Township Office*:
223 Drum Point Road, Suite 1
Brick Township, NJ 08723

Sea Girt Office*:
2150 NJ-35,
Suite 225
Sea Girt, NJ 08750

Phone: 732-898-3232
Fax: 201-508-3393
*Office visits by appointment only.

Representing clients throughout all court jurisdictions of New Jersey.

WITH THE EXCEPTION OF THE CRIMINAL TRIAL ATTORNEY CERTIFICATION, NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY

en English
en Englishes Spanish