Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel was violated by counsel's deficient performance during the post-conviction review process

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 31, 2024. Counsel is a public defender responsible for dozens of capital cases. Counsel’s obligations include the filing of a petition for writ of certiorari in a Pennsylvania 3 capital case that is due on November 18, 2023, a brief in capital cases in the Pennsylvania Supreme Court due on November 13 , 2024, and a memorandum of law in a capital case i n the District Court for South Dakota due on October 25, 2024. 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 Katherine Ernst , counsel for Respondent, has no objection to this request. 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 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 17 2024 Philadelphia, Pennsylvania