Decided
Wall v. Kholi
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
- 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)
Related Coverage
Jan 19, 2010Petition for a writ of certiorari filed. (Response due February 22, 2010)
Mar 10, 2010DISTRIBUTED for Conference of March 26, 2010.
Mar 17, 2010Response Requested . (Due April 16, 2010)
Apr 15, 2010Brief of respondent Khalil Kholi in opposition filed.
Apr 15, 2010Motion for leave to proceed in forma pauperis filed by respondent Khalil Kholi.
Apr 26, 2010Reply of petitioner Ashbel T. Wall, II, Director, Rhode Island Department of Corrections filed. (Distributed)
Apr 27, 2010DISTRIBUTED for Conference of May 13, 2010.
May 17, 2010Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
May 17, 2010Petition GRANTED.
May 25, 2010The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including July 23, 2010.
May 26, 2010Motion to appoint counsel filed by respondent Khalil Kholi.
Jun 8, 2010Motion DISTRIBUTED for Conference of June 24, 2010.
Jun 28, 2010Motion to appoint counsel filed by respondent GRANTED. Judith H. Mizner, Esq., of Boston, Massachusetts, is appointed to serve as counsel for the respondent in this case.
Jul 13, 2010The time within which to file the joint appendix and petitioner's brief on the merits is further extended to and including August 2, 2010.
Jul 23, 2010The time within which to file the joint appendix and petitioner's brief on the merits is further extended to and including August 9, 2010.
Aug 9, 2010Brief of petitioner A.T. Wall, Director, Rhode Island Department of Corrections filed.
Aug 9, 2010Joint appendix filed. (Statement of costs filed)
Aug 16, 2010Brief amici curiae of Delaware, et al. filed.
Sep 2, 2010The time within which to file respondent's brief on the merits is extended to and including October 8, 2010.
Sep 7, 2010SET FOR ARGUMENT ON Monday, November 29, 2010.
Sep 14, 2010CIRCULATED.
Sep 22, 2010The time within which to file respondent's brief on the merits is further extended to and including October 18, 2010.
Sep 23, 2010Record received from U.S.C.A. for First Circuit. (1 envelope)
Oct 1, 2010Record received from U.S.D.C. for District of Rhode Island. (1 envelope)
Oct 18, 2010Brief of respondent Khalil Kholi filed. (Distributed)
Nov 17, 2010Reply of petitioner Ashbel T. Wall, II, Director, Rhode Island Department of Corrections filed. (Distributed)
Nov 29, 2010Argued. For petitioner: Aaron L. Weisman, Assistant Attorney General, Providence, R. I. For respondent: Judith H. Mizner, Federal Public Defender, Boston, Mass. (Appointemd by this Court.)
Mar 7, 2011Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined, and in which Scalia, J., joined, except as to footnote 3. Scalia, J., filed an opinion concurring in part.
Apr 8, 2011JUDGMENT ISSUED
May 20, 2011Record returned to U.S.C.A. forr 1st Circuit.
May 20, 2011Record returned to U.S.D.C. for the District of Rhode Island.
Recommended Citation: Wall v. Kholi, SCOTUSblog, https://www.scotusblog.com/cases/wall-v-kholi/