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Criminal Law

: Tenth Circuit Blog

Minimal Prison Library Does Not Justify Equitable Tolling

By Shari Allison

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Garcia v. Hatch, 2009 WL 2668905 (8/28/09) (unpub'd) - The New Mexico Correction Department's "Legal Access Program" that closed all prison law libraries, offers a few books and form packets and provides staff to help fill out the forms, was not inadequate enough to justify applying equitable tolling to excuse filing the 2254 petition outside of the statute of limitations.

Full post as published by Tenth Circuit Blog on September 04, 2009 (boomark / email).

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