Whether the Alabama Court of Criminal Appeals properly applied constitutional standards in affirming a capital conviction and death sentence after multiple reversals and remands for resentencing

No question identified. : a new sentencing proceeding. Ex parte Smith, 213 So. 3d 214 (2008). (Attached as Exhibit 1.) On May 23, 2003, the Alabama Supreme Court denied his application for rehearing. Jd. After reversing Mr. Smith’s case six times, on September 2, 2022, the Alabama Court of Criminal Appeals ultimately affirmed Mr. Smith’s sentence of death. Smith v. State, CR-17-1014, 2022 WL 4007496 (Ala. Crim. App. Sept. 2, 2022). (Attached as Exhibit 2.) The Court of Criminal Appeals overruled his application for rehearing on December 9, 2022. (Attached as Exhibit 3.) While the Alabama Supreme Court affirmed Mr. Smith’s conviction in 2008, see supra, it was not until June 23, 2023, that it denied Mr. Smith’s petition for a writ of certiorari seeking review of his penalty phase claims in the case. Ex parte Smith, No. SC-2022-1033 (Ala. Jun. 23, 2023). (Attached as Exhibit 4.) 3. Pursuant to Rules 13.1, 13.3, and 30.1 of the Rules of this Court, a petition for a writ of certiorari is due to be filed on or before September 21, 2023. In accordance with Rule 13.5, this application is being filed more than 10 days in advance of the filing date for the petition for a writ of certiorari. 4. This is a capital case in which the death penalty has been imposed. Mr. Smith is incarcerated at Holman Correctional Facility in Atmore, Alabama. No execution date has been scheduled in this case. 5. Petitioner’s case raises meritorious issues regarding the constitutionality and reliability of his capital conviction and death sentence. As such, there are compelling questions about whether the Alabama Court of Criminal Appeals properly denied Mr. Smith’s appeal. 6. Undersigned counsel currently is involved in the appeals of many capital cases: several habeas corpus cases in the federal district courts, postconviction cases in Alabama state courts, and several direct appeals to the Alabama Court of Criminal Appeals and the Alabama Supreme Court. Counsel faces a number of deadlines in these cases in the coming weeks. 7. An additional thirty (30) days is needed to prepare a pleading that adequately apprises this Court of the relevant facts and law in this case. For these reasons, Mr. Smith respectfully requests an additional thirty (30) days in which to file his petition for writ of certiorari, thereby changing to October 23, 2023, the date on or by which it must be filed.' Respectfully submitted, s/ Randall Susskind RANDALL SUSSKIND Equal Justice Initiative 122 Commerce Street Montgomery, AL 36104 Phone: (334) 269-1803 Fax: (334) 269-1806 Email: rsusskind@eji.org September 7, 2023 Counsel for Jerry Smith Thirty days following September 21, 2023, is Saturday, October 21, 2023. Pursuant to Rule 30.1 the petition would be due Monday, October 23, 2023. 3