Whether the Eleventh Circuit improperly denied a certificate of appealability in a capital case involving potentially meritorious constitutional challenges to a death sentence

No question identified. : 2. On January 13, 2023, a single judge of the United States Court of Appeals for the Eleventh Circuit denied Mr. Windsor’s motion for a certificate of appealability. Windsor v. Attorney General, State of Alabama, et. al., No. 2111517 (11th Cir. Jan. 13, 2023). (Attached as Exhibit 1). On November 29, 2023, Mr. Windsor’s motion for reconsideration of the denial of a certificate of appealability was denied. (Attached as Exhibit 2). 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 February 27, 2024. 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. Windsor 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 reasons about whether the Eleventh Circuit properly denied Mr. Windsor’s motion for a certificate of appealability. 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 (80) 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. Windsor respectfully requests an additional thirty (30) days in which to file his petition for a writ of certiorari, thereby changing to March 28, 2024, the date on or by which it must be filed. Respectfully submitted, /s/ Angela L. Setzer ANGELA L. SETZER Equal Justice Initiative 122 Commerce Street Montgomery, AL 36104 Phone: (334) 269-1803 Fax: (334) 269-1806 Email: asetzer@eji.org February 14, 2024 Counsel for Harvey Windsor