Wall v. Kholi
131 S. Ct. 1278
SCOTUS2011Background
- Respondent Khalil Kholi was convicted in Rhode Island Superior Court in 1993 on 10 counts of first-degree sexual assault and sentenced to consecutive life terms.
- Direct-review finality occurred May 29, 1996, after which time AEDPA’s clock began, with tolling for state collateral review available.
- Respondent filed a May 23, 1997 Rule 35 motion to reduce his sentence and a state post-conviction relief petition; both were pursued while direct review was complete.
- Rule 35 motion sought leniency (to have sentences run concurrently) and was denied; Rhode Island Supreme Court later affirmed the denial in 1998.
- Respondent filed a federal habeas petition in September 2007; the district court dismissed as untimely, and the First Circuit held the Rule 35 motion tolled the AEDPA period.
- The controlling issue is whether Rhode Island’s Rule 35 motion to reduce sentence constitutes ‘collateral review’ tolling under § 2244(d)(2); the Supreme Court held it does.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Rule 35 toll AEDPA’s period? | Kholi argues 'collateral review' includes Rule 35. | Rhode Island contends collateral review excludes leniency motions. | Yes; Rule 35 tolls AEDPA. |
| What is the meaning of collateral review? | Collateral review means non-direct-review proceedings. | Collateral review narrowly limited to challenges to the lawfulness of a judgment. | Collateral review means non-direct-review judicial review. |
| Is collateral review limited to certain proceedings across states? | Collateral review includes processes like Rule 35 that review sentencing. | Collateral review should be tied to proceedings challenging legality of judgments. | Broad ordinary meaning governs; includes Rule 35. |
Key Cases Cited
- Duncan v. Walker, 533 U. S. 167 (2001) (defining tolling scope for collateral review)
- Williams v. Taylor, 529 U. S. 420 (2000) (ordinary meaning of statutory terms)
- Carey v. Saffold, 536 U. S. 214 (2002) (pending status of review definitions)
- Rhines v. Weber, 544 U. S. 269 (2005) (habeas tolling during state proceedings)
- Murray v. Carrier, 477 U. S. 478 (1986) (collateral review historically tolls)
- Robinson v. Morgan, i.e., 346 U. S. 502 (1954) (collateral remedies distinguished from direct review)
- Massaro v. United States, 538 U. S. 500 (2003) (tolling and collateral proceedings recognition)