Whether the trial court violated the defendant's Sixth Amendment right to confrontation by impeding his ability to cross-examine witnesses and denying an exclusionary rule instruction

No question identified. : To the Honorable Samuel A. Alito, Associate Justice of the Supreme Court of the United States and Circuit Justice for Texas. Petitioner Eloy Heraclio Alcala, by undersigned counsel, prays for a 60 day extension of time, to and including Monday November 4, 2024, in which to file a petition for a writ of certiorari. In support of this request, counsel states as follows: 1. On August 28, 2023, the Thirteenth Court of Appeals for the State of Texas affirmed the trial courts judgement and conviction regarding the sufficiency to support his conviction, the denial of Mr. Alcala's motion to suppress, the trial court impeding Mr. Alcala' s ability to cross-examine witnesses, and the trial court denying his request for an exclusionary rule instruction under Article 38.23(a) of the Texas Code of Criminal Procedure. (Attachment A) Alcala was convicted of capital murder. 2. After obtaining extensions of time to file a motion for rehearing in the Thirteenth Court of Appeals, said motion was denied on January 9, 2024. ( Attachment B) 3. Next, after obtaining extensions of time to file a Petition for Discretionary Review in the Texas Court of Criminal Appeals, said Petition was denied on June 5, 2024. (Attachment C) 4. Petitioner has 90 days from June 5, 2024 to file a petition for writ of certiorari. See Sup. Ct. R. 13 .1. The petition is, therefore, due on September 3, 2024. 5. The jurisdiction of this Court is invoked under 28 U.S.C. § 1257(a). 6. Undersigned counsel believes an extension of time will be needed to 1 adequately prepare Mr. Alcala's petition for writ of certiorari. Of most significance, undersigned counsel was recently appointed, on August 9, 2024 to file a petition for writ of certiorari. (Attachment D) Former appellate counsel was allowed to withdraw and undersigned counsel is entirely new to this cause which appellate record consists of contested pretrial hearings and a 1 7 day trial. Briefing on the matter is also extensive. 7. Additionally, undersigned counsel is a solo practitioner with pending state and federal matters. Undersigned counsel has either current or upcoming appellate briefing due in causes styled: Victor Godinez v. The State of Texas (AP-77,122)(a case in which the death penalty was assessed); Miles Flores Pena v. The State of Texas ( 13-24-00286-CR); Victor Manuel Gonzalez v. The State of Texas (13-23-00119-CR); Juan Jose Deluna v. The State ofTexas (13-24-05-CR); David Davila Sandoval v. The State ofTexas (13-23-00467-CR); Miguel Angel Ortiz v. The State of Texas (PD-0551-24); Raul Lopez v. The State of Texas (13-22-00230-CR); USA v. Zuniga (24-40410); and USA v. Reyes-Roiz (24-40462). 8. Aside from appellate matters, undersigned counsel has a variety of pending trial level state and federal matters. 9. The State of Texas, through Assistant Hidalgo County District Attorney Roxana Salinas is unopposed to this application. WHEREFORE, Petitioner Alcala respectfully requests that an order be entered extending his time in which to petition for certiorari by sixty day, to and including November 4, 2024. 2 3 Respectfully submitted, 6lli ~ Rolandoarza 310 West University Edinburg, Texas 78539 (956) 318-1102 Telephone (956) 381-5005 Facsimile State Bar No. 24004665 Federal I.D. No. 32297 U.S.S.C. Bar#: 275950 Counsel for Petitioner ATTACID.1ENT A NUMBER 13-18-00614-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI -EDINBURG ELOY HERACLIO ALCALA, v. THE STATE OF TEXAS, On appeal from the 332nd District Court of Hidalgo County, Texas. MEMORANDUM OPINION Before Justices Longoria, Hinojosa, 1 and Silva Memorandum Opinion by Justice Silva Appellant, Appellee. Appellant Eloy Heraclio Alcala appeals his conviction of capital murder involving a double homicide, a first-degree felony. See TEX. PENAL CODE ANN.§ 19.03(a)(7). The trial 1 The Honorable Leticia Hinojosa, former Justice of this Court, did not participate in this decision because her term of office expired on December