Kane: Pro se right to law library not clearly established

In Kane v. Espitia, No. 04-1538 (Oct. 31, 2005), the Supreme Court reversed the Ninth Circuit’s grant of habeas corpus relief to a California inmate who chose to proceed pro se but who was denied access to a law library in preparation for trial. The Court pointed out that its precedent, including Farretta v. California, 422 U.S. 806 (1975), had not clearly established whether a pro se defendant is entitled to library access, and in the absence of such caselaw one could not say that the California state rulings were contrary to clearly established law, as required by 28 U.S.C. § 2254(d)(1).http://a257.g.akamaitech.net/7/257/2422/31oct20051045/www.supremecourtus.gov/opinions/05pdf/04-1538.pdf