Wall v. Kholi - 09-868 (2011)



562 U. S. ____ (2011)
562 U. S. ____ (2011)
562 U. S. ____ (2011)
SUPREME COURT OF THE UNITED STATES
NO. 09-868

ASHBEL T. WALL, II, DIRECTOR, RHODE ISLAND DEPARTMENT OF CORRECTIONS, PETI- TIONER v. KHALIL KHOLI

on writ of certiorari to the united states court of appeals for the first circuit

[March 7, 2011]

   Justice Scalia, concurring in part.

   The Court holds that the term “collateral review” in 28 U. S. C. §2242(d)(2) means review that is not direct, ante, at 5, and that a motion under Rhode Island’s Rule 35 seeks collateral review, ante, at 9. Because I agree with those conclusions, I cannot join footnote 3 of the Court’s opinion, ante, at 9, n. 3, which declines to decide whether a Rule 35 motion seeks direct review.



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