What is Collateral Review…..

Opinion on meaning of “collateral review” in AEDPA

The case is Wall v. Kholi. Here is the syllabus:

Respondent was convicted in Rhode Island Superior Court on 10 counts of first-degree sexual assault and sentenced to consecutive life terms. His conviction became final on direct review on May 29, 1996. In addition to his direct appeal, he filed two relevant state motions. One, a May 16, 1996, motion to reduce his sentence under Rhode Island Superior Court Rule of Criminal Procedure 35, was denied. The State Supreme Court affirmed on January 16, 1998. The second, a state postconviction relief motion, was also denied.

Read more here:

http://www.law.cornell.edu/supct/html/09-868.ZS.html

ALITO, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY, THOMAS, GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined, and in which SCALIA, J., joined, except as to footnote 3. SCALIA, J., filed an opinion concurring in part.

March 7, 2011 | Pe

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