Wall v. Kholi (09-868)
argument 09-868Wall v. Kholi
Supreme Court of the United States
1h 0m
7 speakers
8 chapters
transcribed 4 days ago
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What is the central legal issue the Court is being asked to resolve in Wall v. Kholi?
We'll hear argument first this morning in case zero nine eight six eight Wall versus Coley. Mr Weissman?
Thank you. Mr. Chief Justice, I may apple the court. The issue before the court today is whether a State Court sentence reduction motion, which is a pure plea for leniency, qualifies as quote an application, proposed conviction or other collateral review within the meaning of twenty-eight USC section twenty-two forty-four D two. The state would respectfully argue there are at least three reasons why such term as collateral review refers only to a legal challenge, refers to those recognized post direct appeal applications in which constitutional, jurisdictional, and other such fundamental errors may be raised. First, as this Court has said, it is presumed Congress is presumed to have known the language that this court uses in its decisions.
And the term collateral review has been used by this court certainly when referring to Federal twenty two fifty five applications as those type of independent civil inquiries testing the validity of a conviction.
But Mr Mr Wiseman the the phrase is post conviction. or other or other collateral reviews. and certainly the room twenty five thirty five motion is post conviction. So it's post conviction. It's not direct review. Oh why isn't that
Well I think both parties are in agreement, Your Honor, that the post conviction review is a part parcel of the other collateral review. That's not Well or usually means in something in addition. Yes, but it's y respectfully on it, it's or other. collateral review. And the or other and I think both parties are in agreement as to this or other embraces. The state post conviction review must also be quote unquote collateral review. Also I think importantly, it would be anomalous any tolling provision. in which we're talking about the direct appeal already having been concluded. to embrace things that don't file that that don't that come prior to the direct appeal. This is a tolling court. Obviously, twenty two forty four D one speaks about the finality of a state court judgment of conviction.
At that point obviously Can
you go back to what you you just said you said prior to the I thought the Rule thirty five motion is made after the conviction.
Well it can be made it can be made prior to the when the conviction becomes final. for example, can be made within one hundred and twenty days of the imposition of sentence. War can be made with one hundred and twenty days. after the affirmants of the conviction on direct appeal of the Iran Supreme Court. So it can be made prior to when the conviction becomes quote unquote
Final. But isn't that true regardless whether the Rule thirty five motion seeks legal relief or discretionary relief alone? that both can be made prior to the finality of the judgment. That is true, Your Honor. And and and if I understand your argument, your argument is that Rule thirty five motions that seek legal review uh do fall within the twenty two forty four D two language. It is just that Rule thirty five motions that seek discretionary relief do not.
Well I'm not sure we can see to that point, Your Honor. I think clearly we're all in agreement that post can fiction vehicles and habeas vehicles, which obviously all traditionally occur after the direct appeal has been concluded, uh obviously qualify as what this courts and everybody we would suggest recognizes quote unquote collateral review. In terms of a Rule thirty five motion that says, for example, the sentence is outside of the s uh outside of the proper boundaries, it's unlawful as a matter of law. I don't think we've actually conceded uh b before this court that that would qualify. But cer certainly in this court
five permit
H
uh a challenge for a federal violation. You have given an example of an illegal sentence that you think is discretionary, am I correct? But does Rule thirty-five A permit a legal challenge of the kind that Justice Kagan was asking?
Correct. Our Rule thirty-five contains within the same provision a challenge to the legality of the sentence, to the matter in which it was enforced.
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Chapters
8 chapters
1
What is the central legal issue the Court is being asked to resolve in Wall v. Kholi?
0:02–7:43
2
How do the parties define “collateral review” under 28 U.S.C. § 2244(d)(2)?
7:43–15:37
3
Why do the parties argue that a Rule 35 motion is or isn’t a form of post‑conviction collateral review?
15:37–22:26
4
What distinction do the Justices draw between legal error and a pure plea for leniency in a Rule 35 motion?
22:26–30:19
5
How does the timing of a Rule 35 motion affect the one‑year tolling period for federal habeas review?
30:19–38:11
6
What examples do the advocates give of sentences that may be illegal versus merely excessive?
38:11–44:40
7
How do the parties interpret the phrase “or other collateral review” in the statutory tolling provision?
44:40–52:27
8
What is the Court’s ultimate conclusion about whether a Rule 35 motion qualifies as collateral review for purposes of 28 U.S.C. § 2244(d)(2)?
52:27–1:00:41