Whether the Due Process Clause of the Fourteenth Amendment requires reversal of a conviction when prosecutorial misconduct deprives a defendant of a fair trial

No question identified. : To the Honorable Elena Kagan, Associate Justice of the United States and Circuit Justice for the Ninth Circuit: Petitioner Jason Green, respectfully requests a 60-day extension of time to file a Petition for a Writ of Certiorari in this matter. The Court of Appeals entered its opinion affirming the denial of habeas relief on May 31, 2023. Without an extension of time the petition for writ of certiorari would be due on August 29, 2023. (App. A). Mr. Green is filing this Application at least ten days before the current deadline. (Supr. Ct. R. 13.5.) This Court would have jurisdiction over the judgment under 28 U.S.C. § 1254(1). BACKGROUND The Ninth Circuit Court of Appeals affirmed the district court’s denial of habeas relief. The issue raised on appeal was prosecutorial misconduct and the Due Process right to a fair trial. There is good cause for counsel’s motion. The attached declaration of counsel provides the basis for granting this request for an extension of time. Counsel has begun work on the petition for writ of certiorari, but requires additional time to discuss the petition with Mr. Green, including arranging for a confidential legal call with Mr. Green, who is incarcerated. Respectfully submitted, CUAUHTEMOC ORTEGA Federal Public Defender DATED: August 18, 2023 By: EMILY J.M. Deputy Federal Public Defender Attorneys for Petitioner *Counsel of Record DECLARATION OF EMILY J.M. GROENDYKE I, Emily Groendyke, declare: 1. Iam an attorney licensed to practice law in the State of California. I am a Deputy Federal Public Defender with the Office of the Federal Public Defender for the Central District of California (“FPD”). I represent Petitioner Jason Green in this habeas corpus action. I make this declaration in support of Mr. Green’s request for a 60-day extension of time to file his petition for a writ of certiorari with this Court. 2. The Ninth Circuit Court of Appeals issued its decision affirming the denial of habeas relief on May 31, 2023. The petition is currently due on August 29, 2023. 3. I have written a substantial portion of the petition and anticipate completing the petition before the deadline. However, I need to discuss the petition with my client, Mr. Green, which will require arranging a confidential legal call with Ironwood State Prison where he is incarcerated. Often arranging such calls takes several days or even weeks. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on August 18, 2023, at Los Angeles, California. No. IN THE Supreme Court of the United States JASON GREEN Petitioner, v. WARREN L. MONTGOMERY Respondent On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit CERTIFICATE OF SERVICE I, EMILY J.M. GROENDYKE, a Deputy Federal Public Defender in the Office of the Federal Public Defender who was appointed as counsel for Petitioner under the Criminal Justice Act, 18 U.S.C. § 3006(A)(b), hereby certify that on August 18, 2023, a copy of MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR WRIT OF CERTIORARI was mailed postage prepaid to: The names and addresses of those served are as follows: Nancy Ladner Office of the Attorney General of California 300 S. Spring, Suite 1702 Los Angeles, CA 90013 I declare under penalty of perjury that the foregoing is true and correct. Executed on August 18, 2023. EMILY(JM GRO. YKE Attorney for Petitioner *Counsel of Record