Habeas, Time Limit, Tolling by Collateral Review

Wall v Kholi, __ US __; 131 S Ct 1278 (2011)(march’11). Under the AEDPA a habeas petition must be filed within one year of the end of direct review. A properly filed application for state post-conviction or other collateral review tolls that period. The issue in this case was whether a Rule 35 motion to reduce sentence under Rhode Island law is an application for “collateral review” triggering AEDPA’s tolling provision. The court, reviewing dictionary definitions, held that it was and therefore Petitioner’s habeas request was timely filed.