Tuesday, March 8, 2011

Supreme Court resolves circuit split re: whether Rule 35 is collateral proceeding; abrogates Fourth Circuit holding

Wall v. Kholi, No. 09-868, 2011 WL 767700 (U.S. Mar. 7, 2011):

A motion pursuant to the state equivalent of a Rule 35 motion to reduce a sentence is considered part of the collateral review process and therefore tolls AEDPA's one-year statute of limitations.  This holding resolves a circuit split contrary to the previous holding of the Fourth Circuit.  Walkowiak v. Haines, 272 F. 3d 234, 239 (4th Cir. 2001).

No comments:

Post a Comment