Whether trial counsel's failure to adequately challenge inadmissible evidence through a meaningful motion to suppress, appellate counsel's failure to raise a meritorious Franks issue, and trial counsel's concession of guilt without client consent constitute a deprivation of the Sixth Amendment right to effective assistance of counsel and due process under the Fifth and Fourteenth Amendments

No question identified. : To The Honorable Justices of the Supreme Court of the United States Pursuant to Rule 30.3 of this Court, Petitioner respectfully requests a 45-day extension of time, to and including September 24, 2028, within which to file a petition for writ of certiorari to review the judgment of the Sixth Circuit Court of Appeals. Absent an extension, Petitioner’s petition would be due 90-days from the Final Judgment from the Sixth Circuit Court of Appeals, which is August 10, 2023. Basis for Jurisdiction in the Supreme Court This Court has jurisdiction to grant an application for a writ of certiorari in this case pursuant to Art. III, Sec. 2, Clause 2, as Petitioner seeks review of a judgment of the United States Sixth Circuit Court of Appeals. Opinion and Order On May 12, 2023, the Sixth Circuit Court of Appeals entered an order denying Petitioner’s case. See Jerry J. Davis, Jr. v. United States of America, Case No. 223947 (6th Cir. May 12, 2023). Judgment Sought to be Reviewed The Court’s review is warranted to resolve significant issues of law on which the decision below departs from this Court’s precedents. Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2255 on February 22, 2020. After denial on October 21, 2022, Petitioner filed a notice of appeal on November 9, 2022. Thereafter, the Sixth Circuit denied Petitioner’s request for a certificate of appealability on May 12, 2023. This case involves significant constitutional issues that requires this honorable Court’s review. First, trial counsel did not adequately challenge inadmissible evidence through a meaningful motion to suppress, nor was the issue properly presented on appeal. Additionally, the appellate counsel failed to raise a meritorious Franks issue. Lastly, without the consent of Mr. Davis, trial counsel conceded guilt. All of these issues call into question a grave deprivation of Mr. Davis's right to due process and effective assistance of counsel. Reasons for Extension of Time The additional time is warranted due to significant professional obligations in pending appellate matters and the need to consult and obtain documentary evidence. The legal issues in the case require coordination between counsel and Petitioner. Currently, Petitioner is incarcerated in FCI Loretto, Federal Correctional Institution P.O. Box 1000, Cresson, PA 16630. Counsel was unable to communicate with Petitioner until June 21, 2023. This process is lengthened by the custody status of Petitioner, where arranging legal calls has proven to be a cumbersome and lengthy process. Petitioner believes an extension will result in no prejudice to Respondent. CONCLUSION Petitioner’s request is intended to ensure that Petitioner and counsel have adequate opportunity to discuss the merits of their claim, retrieve and review all appellate documents, and provide complete and effective assistance of counsel. ao al submitted, y, ys — Mobert L. Sirianni, Jr., Esquire ’ Counsel of Record BROWNSTONE, P.A. P.O. Box 2047 Winter Park, Florida 32790-2047 (0) 407-388-1900 Counsel for Petitioner Dated: July 11, 2023. CERTIFICATE OF CONSULTATION I HEREBY CERTIFY that counsel for Respondent was contacted via telephone and electronic mail for Respondent’s position regarding this extension and no response was received as to an objection. CERTIFICATE OF SERVICE I, Robert L. Sirianni, Jr., hereby certify that an original and 2 copies of the foregoing Application for Extension of Time for the matter of Jerry J. Davis, dr. v. United State of America, were sent via Next Day Service to the U.S. Supreme Court, and 1 copy was sent Next Day Service and email to the following parties listed below, this 11 day July 2023. Aaron P. Howell, AUSA Email: Aaron. Howell@usdoj.gov Office of the United States Attorney 208 Federal Building Two South Main Street Akron, OH 44308 Tel: (330) 761-0526 { ‘¢ p Robert L. Sirianni, Jr., Esquire Case: 22-3947 Document: 14 Filed: 05/12/2023 Page: 1 FILE