Whether ineffective assistance of counsel during a capital case's penalty phase warrants federal habeas relief when state post-conviction proceedings resulted in resentencing

to the Third Circuit. There is jurisdiction in this Court over such a petition under 28 U.S.C. § 1254(1). 11. Undersigned counsel, however, cannot meaningfully prepare a professionally appropriate certiorari petition by the current due date of April 11, 2024. Counsel is a public defender responsible for dozens of capital cases. Counsel’s obligations include the filing of a petition for rehearing following the Third Circuit's recent denial of habeas relief in a capital case, and the preparation of an amended petition for habeas corpus that is due in a capital case in the Southern District of Ohio As a result, it is not possible for counsel to adequately prepare the certiorari petition by its current due date. 12. This request for an extension is being filed and served more than ten (10) days in advance of the due date, as provided for in S.C.R. 13(5). 13. This request is made in good faith and is not predicated on an intent to delay. WHEREFORE, Petitioner prays that the Court allow a thirty (30) day extension for the preparation and filing of his Petition for Writ of Certiorari to the United States Court of Appeals for the Third Circuit. Respectfully submitted, /s/ Stuart B. Lev Stuart B. Lev, Esq. Federal Community Defender Office for the Eastern District of Pennsylvania Curtis Building, Suite 545 West 601 Walnut Street Philadelphia, PA 19106 (215) 928-0520 Dated: March 25, 2024 Philadelphia, Pennsylvania