Ashbel T. Wall, Ii, Director, Rhode Island Department of Corrections, Petitioner v. Khalil Kholi (562 U.S. 545)
U.S. Supreme Court · decided March 7, 2011 · Supreme Court Database (Spaeth)
- Citation
- 562 U.S. 545 · 131 S. Ct. 1278
- Decided
- March 7, 2011
- Term
- October Term 2010
- Vote
- 9–0
- Majority author
- Justice Alito
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Alito delivered the opinion of the Court. Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), “a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim” tolls the 1-year limitation period for filing a federal habeas petition. 28 U. S. C. § 2244(d)(2). The question in this case is whether a motion to reduce sentence under Rhode Island law tolls the limitation period, thereby rendering respondent Khalil Kholi’s federal habeas petition timely. We hold that the phrase “collateral review” in § 2244(d)(2) means judicial review of a judgment in a proceeding that is not part of direct review. Because the parties agree that a motion to reduce sentence under Rhode Island law is not part of the direct review process, we hold that respondent’s motion tolled the AEDPA limitation period and that his federal habeas petition was therefore timely. I A In 1993, respondent was convicted in Rhode Island Superior Court on 10 counts of first-degree sexual assault, and he was sentenced to consecutive terms of life imprisonment. Respondent raised various challenges to his conviction on direct appeal, but the Supreme Court of Rhode Island affirmed his conviction. State v. Kholi, 672 A. 2d 429, 431 (1996). The parties agree that respondent’s conviction became final on direct review when his time…
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