Whether the Sixth Amendment requires a new trial when a defendant demonstrates ineffective assistance of counsel that potentially prejudiced the outcome at both the guilt and sentencing phases

No question identified. : 2 To the Honorable Samuel Alito, Associate Justice, and Circuit Justice for the United States Court of Appeals for the Fifth Circuit: 1. This is a federal habeas corpus proceeding. On August 15, 2024, the United States Court of Appeals for the Fifth Circuit denied Mr. Medina relief from his death sentence . It also denied a timely petition for rehearing on September 18, 2024. That opinion and order are appended to this Application. 2. This Court has jurisdiction pursuant to 28 U.S.C. § 1254(1). 3. At present, Mr. Medina has until December 17, 2024, to file a petition for a writ of certiorari seeking review of the Fifth Circuit’s decision. See SUP. CT. R. 13.1; 13.3. 4. Under Rule 13.5 and Rule 30.3, th e Court may extend the time for seeking certiorari for up to sixty (60) additional days. Petitioner respectfully requests an extension of 30 days under the circumstances, up to and including January 16, 202 5. 5. Counsel for the Respondent does not oppose the requested extension of time. No prejudice will result to either party if this extension is granted. 6. The issues to be presented in Mr. Medina’s capital case are significant, including extensive ineffectiveness of trial counsel at both the guilt and punishment phases . See Strickland v. Washington , 466 U.S. 668 (1984). 7. Jeremy Schepers is the supervisor for the Capital Habeas Unit (CHU) of the Office of the Federal Public Defender, Northern District of Texas . As supervisor of the CHU, Mr. Schepers both provides direct representation and supervises the work of the CHU staff, including its attorneys. Several of his cases, including capital cases in federal habeas corpus proceedings in the Fifth Circuit Court of Appeals and end stage proceedings, have been active in recent months and have required a significant 3 amount of M r. Schepers’s time. 8. James Marcus is a fulltime Clinical Professor at the University of Texas at Austin School of Law and this semester, in addition to codirecting the Capital Punishment Clinic, he is co -teaching a three credit -hour course on Mitigation in capital cases. In addition to h is teaching duties, Mr. Marcus is counsel in several capital cases, including Medrano v. Lumpkin , No. 17 -cv-00069 (SDTX), in which he must file an amended federal habeas petition on November 30, 2024. Mr. Marcus also represents another client with a parole hearing on December 9, 2024. 9. Consequently, additional time is needed to prepare the petition for writ of certiorari in Mr. Medina’s case. CONCLUSION For the foregoing reasons, the application for extension of time should be granted, extending the time to file a petition for writ of certiorari for 30 days, until January 16, 2025. Respectfully submitted, James William Marcus Capital Punishment Clinic University of Texas School of Law 727 E. Dean Keeton Street Austin, Texas 78705 512-232-1475 512-232-9197 (fax) 4 /s/ Jeremy Schepers Jeremy Schepers* Supervisor, Capital Habeas Unit Federal Public Defender’s Office Northern District of Texas 525 South Griffin Street, Ste. 629 Dallas, Texas 75202 214.767.2746 214.767.2886 (fax) C ounsel for Petitioner *Counsel of record United States Court of Appeals for the Fifth Circuit _ No. 23 -70003 _ Anthony Medina, Petitioner —Appellant , versus Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent— Appellee . _ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:09 -CV-3223 _ Before Smith , Stewart, and Graves, Circuit Judges . Per Curiam : * Anthony Medina , a death row inmate, seeks a Certificate of Appealability (“COA”) from the district court’s resolution of his ineffective assistance of counsel claims and his constitutional claims. Because Medina does not show that jurists of reason could disagree with the district court’s resolution of his claims, we DENY the petition for a COA. _ * This opinion is not designated for publication. See 5th Cir