Legal Opinion
Kholi v. Wall
Court of Appeals for the First Circuit
Decided September 23, 2009No. 08-1159PublishedCited by 31 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This appeal presents a question of first impression in this circuit. It turns on the correct interpretation of the tolling provision, 28 U.S.C. § 2244(d)(2), established by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub.L. No. 104-132,110 Stat. 1214.
The problem is easily explained. The court below held that a state-court post-conviction motion to reduce an imposed sentence, in the nature of a plea for discretionary leniency, did not fall within the scope of the tolling provision. Accordingly, the court dismissed the federal habeas petition as…
2Cases cited33 opinions
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Duncan v. WalkerSupreme Court of the United States · 2001
- Williams v. TaylorSupreme Court of the United States · 2000
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
28 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Wall v. KholiSupreme Court of the United States · 2011
- Holmes v. SpencerCourt of Appeals for the First Circuit · 2012
- Blue v. MedeirosCourt of Appeals for the First Circuit · 2019
- United States v. Hernandez-FerrerCourt of Appeals for the First Circuit · 2010
- Moises Espinosa v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2015
26 more not listed; retrieve them via the Exa API.