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SCOTUS issues opinions on AEDPA timelines and DNA requests

By Douglas A. Berman

This morning the Supreme Court issued opinion on two criminal justice procedure issues of note.  Here are the details via the fine folks at SCOTUSblog: Wall v. Kholi (09-868) -- In a unanimous opinion by Justice Alito, The Court affirmed the decision of the First Circuit.  The case concerns the time limits for filing a federal petition for habeas corpus under AEDPA, which generally allows inmates one year to file a petition, but tolls the time limit while the inmate?s case is on ?collateral review? in the state courts.  The Court held that the phrase ?collateral review? in AEDPA means judicial review of a judgment in a proceeding that is not part of direct review.  Accordingly, state proceedings on an inmate?s motion to reduce his sentence did toll the time to file his federal habeas petition...continue to full post

Full post as published by Sentencing Law and Policy on March 07, 2011 (boomark / email).