No. 23A104

Jeremy Moody v. Georgia

Lower Court: Georgia
Docketed: 2023-08-04
Status: Presumed Complete
Type: A
Tags: None
Key Terms:
AdministrativeLaw DueProcess Punishment HabeasCorpus JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Question not identified.

Question Presented (OCR Extract)

No question identified. : No. IN THE SUPREME COURT OF THE UNITED STATES October Term, 2022 JEREMY MOODY, Petitioner, v. STATE OF GEORGIA, Respondent. MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF GEORGIA TO THE HONORABLE CLARENCE THOMAS, Associate Justice of the Supreme Court of the United States, and Circuit Justice for the Eleventh Circuit: Petitioner Jeremy Moody, by and through undersigned counsel and pursuant to Supreme Court Rule 13, respectfully requests an extension of time of thirty (30) days to file his Petition for Writ of Certiorari in this Court, up to and including Thursday, October 19, 2023. In his Petition, Mr. Moody will seek review of the decision of the Supreme Court of Georgia affirming his capital murder conviction and death sentence. See Attachment A. On June 21, 2023, the Supreme Court of Georgia denied Mr. Moody’s motion for reconsideration. See Attachment B. Mr. Moody invokes the jurisdiction of this Court pursuant to 28 U.S.C. § 1257(a). His time to file a Petition for Writ of Certiorari in this Court elapses on September 19, 2023. He therefore makes this request more than ten (10) days before the date his petition would be due without an extension of time. In support of this request, Mr. Moody shows the following as good cause: Mr. Moody was convicted of malice murder and sentenced to death in Fulton County, Georgia, in 2013. On appeal, the Supreme Court of Georgia affirmed Mr. Moody’s conviction and sentence. See Moody v. State of Georgia, No. 823P0046, 888 S.E.2d 109 (Ga. May 16, 2023) (Attachment A). Mr. Moody timely moved for reconsideration of the judgment. On June 21, 2023, the Supreme Court of Georgia denied reconsideration in an unpublished order. See Order, Moody v. State of Georgia, No. S23P0046 (June 21, 2023) (Attachment B). Undersigned counsel requests this extension of time because of professional obligations in this and other capital cases pending direct review and collateral review. For example, among other deadlines, counsel has been concurrently two capital cases on federal habeas corpus review, see Acklin v. Comm’, Ala. Dept. of Corr., et al., No. 22-13599-P (11th Cir.); McMillan v. Comm’, Ala. Dept. of Corr., et al., No. 2:18-cv-844 (M.D. Ala.). Additionally, counsel has an extensive docket of non-capital state post-conviction cases in Georgia, Alabama, and Louisiana, which require extensive travel and investigation. For example, over the last two months, counsel filed state post-conviction petitions in State of Louisiana v. Gerald Broussard, Orleans Par. No. 284-106; State of Louisiana v. Kenneth Magee, Orleans Par. No. 285-680; State of Louisiana v. Leonard Williams, Orleans Par. No. 372-657; and State of Louisiana v. Corey Dennis, Orleans Par. No. 437-132. Counsel also conducted hearings in one of those cases, with two additional hearings likely to occur in August 2023. Counsel also has deadlines for postconviction petitions in several other cases within the next month. Finally, a Petition for Writ of Certiorari is essential in this case because Mr. Moody has been sentenced to death and the issues he will raise in his petition will implicate important issues of federal constitutional law. With an extension of thirty (30) days, undersigned counsel will be able to present the relevant issues to this Court. WHEREFORE, Mr. Moody respectfully requests that this Court grant his a thirty (30) day extension of time within which to file his Petition for Writ of Certiorari, up to and including October 19, 2023. Respectfully submitted, this 1st day of August, 2023. /s! Michael Admirand MICHAEL ADMIRAND madmirand@schr.org SOUTHERN CENTER FOR HUMAN RIGHTS 60 Walter Street, NW Atlanta, GA 30303 Tel: (404) 688-1202 Fax: (404) 688-9440 Counsel of Record for Petitioner ATTACHMENT A Moody v. State, 888 S.E.2d 109 (2023) 888 S.E.2d 109 Supreme Court of Georgia. MOODY v. The STATE. $23P0046 | Decided: May 16, 2023 Synopsis Background: After denial

Docket Entries

2023-08-04
Application (23A104) granted by Justice Thomas extending the time to file until October 19, 2023.
2023-08-01
Application (23A104) to extend the time to file a petition for a writ of certiorari from September 19, 2023 to October 19, 2023, submitted to Justice Thomas.

Attorneys

Jeremy Moody
Michael Boland AdmirandSouthern Center for Human Rights, Petitioner