Wall v. Kholi (09-868)

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 Samuel Alito on Mar 7, 2011. Justice Scalia concurred in part.

Merits Briefs

Amicus Briefs

Brief for the States of Delaware, Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Massachusetts, Mississippi, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, and Wyoming in Support of Petitioners

Certiorari-Stage Documents

Opinion Below (1st Circuit)
Petition for certiorari (unavailable)
Brief in opposition (unavailable)
Petitioner’s reply (unavailable)

Recommended Citation: Wall v. Kholi, SCOTUSblog, https://www.scotusblog.com/cases/wall-v-kholi/