Whether the Due Process Clause of the Fourteenth Amendment requires a state court to grant post-conviction relief based on recanted expert testimony that was the only physical evidence supporting a murder conviction, and whether a judge who previously served as an appellate prosecutor against the defendant may preside over the defendant's appeal

No question identified. : No. IN THE SUPREME COURT OF THE UNITED STATES October Term, 2023 CHARLES MCCRORY, Petitioner, v. STATE OF ALABAMA, Respondent. MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR WRIT OF CERTIORARI TO THE ALABAMA COURT OF CRIMINAL APPEALS TO THE HONORABLE CLARENCE THOMAS, Associate Justice of the Supreme Court of the United States, and Circuit Justice for the Eleventh Circuit: Petitioner Charles McCrory, 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. In his Petition, Mr. McCrory will seek review of the decision of the Alabama Court of Criminal Appeals affirming the denial of his petition for post-conviction relief. See Attachment A. On August 11, 2023, the Supreme Court of Alabama denied Mr. McCrory’s petition for writ of certiorari to the Alabama Court of Criminal Appeals. See Attachment B. Mr. McCrory 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 November 9, 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. McCrory shows the following as good cause: Mr. McCrory was convicted of murder and sentenced to life in prison in Covington County, Alabama, in 1985. Mr. McCrory has always maintained his innocence and, in April of 2021, rejected a plea offer of time-served. On March 23, 2020, Mr. McCrory filed a petition for post-conviction relief citing new evidence of innocence: the forensic odontologist who testified at trial that the decedent had a bitemark that matched Mr. McCrory’s dentition—the only physical evidence introduced at trial—has recanted his opinion and testimony. The trial court denied the petition. See Attachment C. On appeal, the Alabama Court of Criminal Appeals initially affirmed; upon application for rehearing, however, the court granted Mr. McCrory’s application, re-issued exactly the same opinion, this time with one judge now purportedly “recused,” and affirmed again. See Attachment A. On August 11, 2023, the Supreme Court of Alabama denied Mr. McCrory’s writ of certiorari to the Court of Criminal Appeals. See Attachment B. Undersigned counsel requests this extension of time because of professional obligations in this and other cases pending trial, direct appeal, and collateral review. For example, among other deadlines, counsel has a petition for certiorari due in this Court on October 19, 2023, in the death penalty case of Jeremy Moody v. State of Georgia, No. S23P0046. Counsel also has ongoing deadlines in the pretrial death penalty case of State of Georgia v. Royhem Deeds, No. 20R-1162 (Super. Ct. Dodge. Co.), and the post-conviction death penalty case of Heather Leavell-Keaton v. State of Alabama, No. CC-2012-3096.60 (Cir. Ct. Mobile Co.). Finally, a Petition for Writ of Certiorari is essential in this case because the issues regarding the reliability of the evidence used to convict Mr. McCrory and the propriety of a judge presiding over his appeal who previously served as an appellate prosecutor against him each 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. McCrory respectfully requests that this Court grant him a thirty (30) day extension of time within which to file his Petition for Writ of Certiorari, up to and including December 11, 2023. Respectfully submitted, this 5th day of October, 2023. /s! Mark Loudon-Brown MaArK LOUDON-BROWN 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 Rel: February 10, 2023 Notice: This unpublished memorandum should not be cited as pr