Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Wall v. Kholi

Docket No. Op. Below Argument Opinion Vote Author Term
09-868 1st Cir. Nov 29, 2010
Tr.Aud.
Mar 7, 2011 9-0 Alito OT 2010

Holding: Because the phrase "collateral review" in AEDPA means judicial review of a judgment in a proceeding that is not part of direct review, state proceedings on an inmate's motion to reduce his sentence tolled the time to file his federal habeas petition.

Plain English Holding: Inmates generally have one year to file a federal petition for habeas corpus to challenge their state conviction after that conviction becomes final. However, the time spent in state court on a motion to reduce the inmate’s sentence does not count toward the one-year statute of limitations.

Judgment: Affirmed, 9-0, in an opinion by Justice Samuel Alito on March 7, 2011. Justice Scalia concurred in part.

SCOTUSblog Coverage

Briefs and Documents

Merits Briefs

Amicus Briefs

Certiorari-Stage Documents

  • Opinion Below (1st Circuit)
  • Petition for certiorari (unavailable)
  • Brief in opposition (unavailable)
  • Petitioner’s reply (unavailable)
 
Share:
Term Snapshot
Awards