Whether a trial court's refusal to consider a defendant's youthful age as a mitigating circumstance in a capital sentencing proceeding violates the Eighth Amendment's individualized sentencing requirement established in Eddings v. Oklahoma

by this Court by issuance of a writ of certiorari, including but not limited to whether the trial court violated Eddings v. Oklahoma, 455 U.S. 104 (1982) by refusing to consider Petitioner’s youthful age of twenty-one as a mitigating circumstance; as well as whether a conflict of interest, arising from the prosecutors alleged involvement in a drug ring investigated by State and Federal authorities and the prosecutor’s elicit association with jailhouse witnesses who were called by the prosecutor to testify falsely against Petitioner, is reviewed for structural error or harmless error. See, e. g, Young v. United States ex rel. Vuitton ET Fils S.A., 481 U.S. 787 (1987). 6. Counsel requests an extension in this case because of previously established scheduling deadlines in other cases that require counsel’s attention, including: a merits brief in the Nebraska Supreme Court on appeal from a criminal conviction in State v. Clausen (Case No. A-23-960); a merits brief in the Nebraska Supreme Court on appeal from a judgment entered in Johnson v. City of Omaha (Case No. 8-23-9283), a case involving a $222 Million contract for waste disposal; a merits brief in the Nebraska Supreme Court in Main Street Properties v. City of Bellevue (Case No. S-23951); responsive pleadings in the United States District Court addressing a 456-paragraph Complaint filed in Stark v. City of Omaha (Case no. 8:23-CV3242); answers to 95 requests for production and over 200 interrogatories in a multi-million dollar train collision case filed in the District Court of Lancaster County, Galindo v. BNSF Railway Company (CI-23-2500); a fiveday Federal drug conspiracy trial in the United States District Court, District of Nebraska, in United States v. Garza (4:22-CR-3034), a case which has already been tried once and will proceed to a second trial in the absence of plea negotiations; along with myriad other obligations of counsel, who is a solo-practitioner. 7. Petitioner has not previously petitioned this court for an extension of time in which to file his petition for a Writ of Certiorari. 8. Counsel emphasizes that this application is made in good faith and not with the intention of causing any delay. For these reasons, petitioner respectfully requests issuance of an order extending the due date for Petitioner’s Petition for Writ of Certiorari to April 23, 2024. Dated February 14, 2024. Respectfully Submitted, [YMA agh t0-+ Adam J. Sipple # 20557 SIPPLELAW 12020 Shamrock Plz Suite 200 Omaha, NE 68154 adam@sipple.law State v. Galindo Supreme Court of Nebraska September 1, 2023, Filed No. S-21-419. Reporter 315 Neb. 1 *; 994 N.W.2d 562 **; 2023 Neb. LEXIS 109 *** STATE OF NEBRASKA, APPELLEE, v. JORGE GALINDO, APPELLANT. Prior History: [***1} Appeal from the District Court for Madison County: ROBERT R. STEINKE, Judge. State v. Galindo, 278 Neb. 599, 774 N.W.2d 190, 2009 Neb. LEXIS 155 (Oct. 9, 2009) Disposition: AFFIRMED. Counsel: Adam J. Sipple, of Sipple Law, and David A. Tank for appellant. Douglas J. Peterson, Attorney General, and James D. Smith for appellee. Judges: MILLER-LERMAN, CASSEL, STACY, FUNKE, and PAPIK, JJ., and STRATMAN and BURNS, District Judges. HEAVICAN, C.J., and FREUDENBERG, J., not participating. PAPIK, J., concurring in part, and in part dissenting. MILLER-LERMAN, J., dissenting in part. Opinion [**570] [*3] PER CuRIAM. Jorge Galindo appeals the district court order that overruled his motion for postconviction relief without an evidentiary hearing. All of Galindo's claimed errors challenge his five death sentences for murders committed during a bank robbery. Upon our de novo review, we affirm. |. BACKGROUND On September 26, 2002, Galindo, Erick Vela, and Jose Sandoval entered a bank in Norfolk, Nebraska. Their Purpose was to carry out robbery plans that Sandoval and Galindo had been formulating for at least a month. In short order, they shot and killed four bank employees and one customer, with Galindo firing the shots that killed one of thos