Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect orders from the April 18 Conference. On both Tuesday and Wednesday we expect one or more decisions in argued cases; we will be live blogging both days beginning at 9:45 a.m.

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.

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