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
- Last week's opinions in Plain English (Lisa McElroy)
- Argument recap: Parsing the scope of “collateral review†under AEDPA’s tolling provision (Anne Lee)
- Argument preview: Do post-conviction pleas for leniency stop the clock on the statute of limitations for federal habeas petitions? (Anne Lee)
- No review of "must-carry" rule (Lyle Denniston)
Briefs and Documents
Merits Briefs
- Brief for Petitioners A.T. Wall, Director, Rhode Island Department of Corrections
- Brief for Respondent Khalil Kholi
- Reply Brief for Petitioner A.T. Wall, Director, Rhode Island Department of Corrections
Amicus Briefs
Certiorari-Stage Documents
- Opinion Below (1st Circuit)
- Petition for certiorari (unavailable)
- Brief in opposition (unavailable)
- Petitioner’s reply (unavailable)
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