Whether a state court conviction violates the Due Process Clause of the Fourteenth Amendment when photographic evidence of innocence was not presented to the jury due to ineffective assistance of post-conviction relief counsel, and whether Shinn v. Ramirez permits federal review of defaulted claims arising from such ineffective assistance without requiring exhaustion in state court

No question identified. : DOCKET NO. IN THE SUPREME COURT OF THE UNITED STATES October Term, 2023 SIMEON BOZIC, Petitioner, v. COMMONWEALTH OF PENNSYLVANIA, Respondents. APPLICATION FOR EXTENSION OF TIME FOR FILING PETITION FOR WRIT OF CERTIORARI The petitioner, a pauper and pro se prisoner, hereby respectfully applies for an extension of time within which to file a petition for writ of certiorari to review the judgment of the Supreme Court of the Commonwealth of Pennsylvania in the above-entitled proceeding. The order of that court was rendered on August 9, 2023. The time in which to file a petition for certiorari will, unless extended, expire on November 7, 2023. This application requests that the time be extended 60 days from November 7, 2023, to and including January 6, 2024. The order of the Supreme Court of the Commonwealth of Pennsylvania denied petitioner's timely petition for allowance of appeal. The primary issues to be raised before this court relates to the vilidity of a state court conviction, under the due process clause of the Fourteenth Amendment of the United States Constitution, which rests in part upon photographic evidence secured from former post conviction relief counsel. Petitioner argues that this photographic evidence constitutes evidence of innocence that if presented to the jury would have likely changed the outcome of the proceeding. Also involved is an issue as to this Honorable Court's decision in Shinn v. Ramirez, 142 S. Ct. 1718, 212 L. Ed. 2d 713 (2022) and the posture to raise claims in the state court first before seeking federal review even when claims were defaulted as a result of ineffective postconviction relief counsel. The petitioner was not represented by counsel in his subsequent post-conviction relief petition and is representing himself in this action pro se. The petitioner is untrained at law and has limited resources at the instiution he's confined in. On September 22, 2023, the petitioner was sent to WHS/UPMC hospital for a hemrroidalectomy surgical procedure. The petitioner's condition has had recent complications that he is diligently seeking to address within the institution. The petitioner is still recovering from this procedure without the benefit of the medications the surgeon prescribed and informed petitioner was very important to apply for recovery due to the institutions failure to provide petitioner with the prescribed medication for recovery. In view of the importance and complexity of the federal constitutional issues, and the need for rest and recovery from recent surgical procedures, this extension of time is necessary. Wherefore, it is respectully requested that the time for filing the petition be extended to and including January 6, 2024. ae , SIMEON BOZIC — HL-9179 SCI Greene 175 Progress Drive Waynesburg, PA 15370 PRO SE PRISONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Application for Extension of time for filing Petition for Writ of Certiorari has been furnished by First Class U.S. Mail to Larry S. Krasner, District Attorney of Philadelphia County, at his primary address: Three South Penn Square, Philadelphia, PA 19107-3499 on this 30th day of September, 2023. € — z SIMEON BOZIC HL-9179 SCI Greene 175 Progress Drive Waynesburg, PA 15370 PRO SE PRISONER Commonwealth v. Bozie, Slip Copy (2023) 2023 WL 5088914 (Table) Only the Westlaw citation is currently available. Supreme Court of Pennsylvania. COMMONWEALTH of Pennsylvania, Respondent v. Simeon BOZIC, Petitioner No. 42 EAL 2023 | August 9, 2023 Petition for Allowance of Appeal from the Order of the Superior Court PER CURIAM *1 AND NOW, this 9th day of August, 2023, the Petition for Allowance of Appeal is DENIED. All Citations Slip Copy, 2023 WL 5088914 (Table) WESTLAW ©2023 Thomson Reuters. No claim to original U.S. Government Works.