Sisnero-Gil v. United States
- Richard Sullivan
- 1:23-cv-03833
- U.S. District Court · Southern District of New York
- 2
In Sisnero-Gil v. United States, Judge Sullivan ordered former counsel to provide sworn testimony for the pending conviction-relief petition.
Marlon Sisnero-Gil, his former counsel Oliver Storch, and the United States. The order requires Storch to provide sworn testimony and sets briefing deadlines for the pending petition.
What happened
In Sisnero-Gil v. United States, Marlon Sisnero-Gil asked the court for relief from his conviction under a federal law allowing such challenges. He mainly argued that his former lawyer provided ineffective assistance during his guilty plea and sentencing.
The government said it needed testimony from former counsel Oliver Storch to respond to parts of the petition. It also requested a waiver of attorney-client confidentiality, but Sisnero-Gil later filed a signed waiver.
Judge Richard J. Sullivan ordered Storch to provide sworn testimony by September 18, 2023. The court also set deadlines for the government’s response and Sisnero-Gil’s reply; it did not decide the petition’s merits in this order.
The detailed version
- Sisnero-Gil v. United States · No. 1:23-cv-03833
- Richard Sullivan
- Aug. 23, 2023
Background
Marlon Sisnero-Gil, who is also identified as the defendant in the related criminal case, filed a motion under 28 U.S.C. § 2255 seeking relief from his conviction. He principally alleged that his prior counsel, Oliver Storch, provided ineffective assistance in connection with his guilty plea and sentencing.
After reviewing the motion papers, the United States stated that Storch’s testimony was needed to respond to certain parts of the petition. The government asked the court to require Storch to provide sworn testimony in an affidavit or affirmation addressing Sisnero-Gil’s ineffective-assistance allegations. The government also asked Sisnero-Gil to waive attorney-client privilege because he had placed his communications with counsel at issue. Sisnero-Gil subsequently filed a signed waiver.
Order
The court found that Storch’s testimony was needed to resolve at least some portions of the petition. It ordered Storch to provide sworn testimony, in the form of an affidavit or affirmation, addressing the ineffective-assistance allegations by September 18, 2023.
The court ordered the government to file its opposition by October 2, 2023, and ordered Sisnero-Gil to file any reply by October 31, 2023. The order did not resolve whether Sisnero-Gil was entitled to relief from his conviction or otherwise decide the merits of his claims. Richard J. Sullivan, a United States Circuit Judge sitting by designation, signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.