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Wall v. Kholi

Docket No.: 09-868
Certiorari Granted: 05/17/10
Argued: November 29, 2010
Decided: 03/07/11

Topics:

habeas corpus, Death Penalty, EPA, Eighth Amendment, Federal Rules of Criminal Procedure, Federal Sentencing Guidelines, abuse of discretion, habeas, habeas corpus, judicial review

PartyNames: Ashbel T. Wall, II, Director, Rhode Island Department of Corrections v. Khalil Kholi
Petitioner: Ashbel T. Wall, II, Director, Rhode Island Department of Corrections
Respondent: Khalil Kholi

Court Below: United States Court of Appeals for the First Circuit
Citation: 582 F.3d 147
Supreme Court Docket

Ashbel T. Wall, II, Director, Rhode Island Department of Corrections
v.
Khalil Kholi
Question Presented:

Does a state court sentence-reduction motion consisting of a plea for leniency constitute an "application for State post-conviction or other collateral review," 28 U.S.C. ยง 2244(d)(2), thus tolling the Anti-Terrorism and Effective Death Penalty Act's one-year limitations period for a state prisoner to file a federal habeas corpus petition, an issue as to which there is a 3-2 circuit split?

Question:

Inmates have one year to file a habeas challenge to their sentence in federal court after conviction. The running of that time is delayed while the conviction is under review in state court. Is the time also tolled while a state court considers an inmate’s request for a sentence reduction?

Wall v. Kholi
ORAL ARGUMENT

11/29/10

Listen to Oral Argument in Wall v. Kholi
Holding: affirmed
Decision: Decision: 9 votes for Kholi, 0 vote(s) against
Vote: 9-0
Opinion By:
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