Wall v. Kholi

Summary

The Court held that “collateral review” under AEDPA means judicial reexamination of a judgment in a proceeding outside the direct-review process. Because a Rhode Island Rule 35 motion to reduce a sentence is not part of direct review and entails judicial reexamination of the sentence, it tolls AEDPA’s one-year federal habeas limitation period, making Kholi’s petition timely. Justice Scalia, concurring in part, agreed with the result and the definition of collateral review but declined to join the Court’s discussion of whether a Rule 35 motion might constitute direct review.