Whether the Eighth Amendment prohibits the imposition of a death sentence that may involve constitutional error warranting further judicial review

No question identified. : PETITIONER'S APPLICATION FOR EXTENSION OF TIME TO FILE PETITION FOR A WRIT OF CERTIORARI To the Honorable Neil Gorsuch, Associate Justice of the United States Supreme Court and Circuit Justice for the Tenth Circuit: In accordance with Rules 13.5, 30.2, and 30.3 of the Rules of the Supreme Court of the United States, and for the reasons set forth herein, Petitioner, Isaiah Glenndell Tryon, respectfully applies to this Court for an order extending the time in which to file his petition for a writ of certiorari from January 25, 2024, until March 25, 2024, a period of sixty (60) days. In support of this Application, Petitioner shows the Court as follows: BACKGROUND Mr. Tryon is incarcerated under a conviction of First Degree Murder for which he has been sentenced to death. On August 30, 2023, the United States Court of Appeals for the Tenth Circuit issued a published opinion in Case No. 21-6097, wherein the circuit court affirmed the original judgment entered by the United States District Court for the Western District of Oklahoma in Case No. CIV-19-00195-J. See Opinion and Judgment, attached hereto as Attachment A. Petitioner sought rehearing, which the Tenth Circuit Court of Appeals denied on October 27, 2023. See Order, attached hereto as Attachment B. ARGUMENT AND AUTHORITIES Petitioner Isaiah Glenndell Tryon seeks a writ of certiorari to the United States Court of Appeals for the Tenth Circuit with respect to its decision rendered on August 30, 2023, as referenced above. This Court’s jurisdiction to grant the same arises pursuant to 28 U.S.C. §1254(1). According to Supreme Court Rule 13.3, a petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit is due on or before January 25, 2024. See Supreme Court Rule 13.3 (“the time to file the petition for a writ of certiorari ... runs from the date of the denial of rehearing”). However, the time granted by Supreme Court Rule 13 will be insufficient to allow Petitioner’s counsel to do justice to the issues at hand, which are of vast import. Therefore, Petitioner seeks an extension of sixty (60) days in which to file his petition for a writ of certiorari. See Supreme Court Rule 13.5 (“[A] Justice may extend the time to file a petition for writ of certiorari for a period not exceeding 60 days”). In accordance with Supreme Court Rule 13.5, this Application is submitted at least ten (10) days prior to the present due date. Further, the requested extension is made in good faith and not for the purposes of delay. The requested extension is made because of the vital importance associated with the issues at hand. This matter centers around the right to a fair and reliable sentence.! This Court has repeatedly emphasized that “our duty to search for constitutional error with painstaking care is never more exacting than it is in a capital case.” Burger v. Kemp, 483 U.S. 776, 785 (1987). It is respectfully submitted that counsel’s duty to present all authorized claims of constitutional error with painstaking care is equal or greater. Thus, it is important that counsel be granted additional time to research the constitutional issues at hand so that counsel may prepare Petitioner’s petition with the care and accuracy demanded of such cases. Mr. Tryon’s counsel, Callie Heller, Assistant Federal Public Defender and Andrew Z. Stebbins, Research and Writing Specialist, are with the Capital Habeas Unit of the Office of the Federal Public Defender for the Western District of Oklahoma. The division’s exclusive responsibility is to represent clients who have been sentenced to death in the state of Oklahoma and who have exhausted all of their state appeals. Both counsel are presently lead or co-counsel for the federal representation of multiple death row inmates including Mr. Isaiah Tryon. Obligations on behalf of many of these clients have precluded counsel from being able to direct their full time and attention to the 1 No execution date has b