Whether a capital defendant's Sixth Amendment right to effective assistance of counsel is violated when counsel fails to present mitigating evidence of good prison behavior during the sentencing phase of a capital trial

to the Third Circuit . There is jurisdiction in this Court over such a petition under 28 U.S.C. § 1254( 1). 9. Undersigned counsel, however, cannot meaningfully prepare a professionally appropriate certiorari petition by the current due date of October 17 , 2024. Counsel is a public defender responsible for dozens of capital cases. Counsel’s obligations include the filing of briefs in capital cases in the Pennsylvania Supreme Court, in the Southern District of Ohio, and in the District Court for South Dakota. As a result, it is not possible for counsel to adequately prepare the certiorari petition by its current due date. 10. 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). 11. This request is made in good faith and is not predicated on an intent to delay. Assistant Philadelphia District Attorney Paul George, counsel for Respondent, has no objection to this request. 4 WHEREFORE, Petitioner prays that the Court allow a sixty (60) 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 The Curtis , Suite 545 West 601 Walnut Street Philadelphia, PA 19106 (215) 9280520 Dated: October 2 , 2024 Philadelphia, Pennsylvania