Whether a criminal defendant's constitutional rights are violated when a state appellate court summarily affirms the denial of a post-conviction relief petition without providing a substantive legal analysis
No question identified. : To the Honorabl e Clarence Thomas, Associ ate Justi ce of the Supreme Court of the U nited States and Ci rcuit Justi ce for the El eventh Ci rcuit: Introdu ction Pursuant to this Court’s Rul e 13.5, the Peti tioner, Caed Brawner, respectful ly requests a thirty-day extensi on of time within which to file a petition for a writ of certi orari in thi s Court, to and i ncluding March 5, 2025. Jurisdiction The order of the Florida First District Court of Appeal affirming the denial of the petition was entered on November 5, 2024. Unless extended, the time within which to file a peti tion for a wri t of certi orari woul d expi re on February 3, 2025. The jurisdiction of this Court is invoked under 28 U.S.C. § 1257(a). A copy of the opinion of the Florida First District Court of Appeal is included in the appendi x to this moti on. Argu men t The issue in this case is whether it is a sentence of mandatory life impri sonment without the possi bility of parol e on a teenager violates the prohi bition of cruel and unusual puni shment of the U nited States Consti tution. Unfortunatel y undersi gned counsel ’s schedul e requi res him to seek an extension of time in this case. In particular, since the Florida First District Court of Appeal entered its order, undersi gned counsel has two oral arguments before a Florida district court of appeal ; one sentenci ng heari ng before a Florida circuit court; one moti on heari ng before a Florida circuit court; two conti nuing legal educati on 2 semi nars; and three Fl orida Bar commi ttee meeti ngs. Addi tionally, during the next two months, undersi gned counsel will be attendi ng an oral argument before a Florida district court and two moti on heari ngs, three postconvi ction evidentiary heari ngs, and three sentenci ng heari ng before Florida circuit courts.1 Therefore, the Petitioner requests an extensi on of thirty days to file the petition for a writ of certi orari . No party will be prejudi ced by the granti ng of a thirty-day extensi on in this case. 1 Undersi gned counsel will appear at an oral argument on February 11, 2025, in Castano v. State , case no. 3D2022-2081, pending in the Florida Third District Court of Appeal . Undersi gned counsel will appear at moti on hearings on: 1) January 27, 2025, in State v. Faherty , case number 2019-CF-993, pendi ng in the Florida Twenti eth Judicial Circuit Court (Collier County); and 2) February 25, 2025, in State v. Johnson , case num ber 2020-CF-7891, pendi ng in the Florida Twel fth Judicial Circuit Court (Saras ota County). Undersi gned counsel will appear at postconvi ction evidenti ary heari ngs on: 1) February 12, 2025, in State v. Pittman, case number 2015-CF-634, pendi ng in the Florida Fourteenth Judicial Circuit Court (Jackson County); 2) March 18, 2025, in State v. Cotton, case number 2004-CF-1151, pendi ng in the Florida Second Judicial Circuit Court (Leon County); 3) March 21, 2025, in State v. Manley, case number 2014-CF-16428, pendi ng in the Florida Twenti eth Judicial Circuit Court (Lee County). Undersi gned counsel will appear at sentenci ng heari ngs on: 1) February 3, 2025, in State v. Parrish , case num ber 2016-CF-93, pendi ng in the Florida Second Judicial Circuit Court (Liberty County); 2) February 14, 2025, in State v. Partridge , case number 2022-CF-0893, pendi ng in the Fourth Judicial Circuit Court (Duval County); 3) February 21, 2025, in State v. Coello , case number 2019-CF-911, pendi ng in the Fl orida N ineteenth Judi cial Circuit Court (St. Luci e County). 3 Accordi ngly, the Petitioner respectful ly requ ests that an order be entered extendi ng the ti me to peti tion for wri t of certi orari by thi rty days. Respectful ly submi tted, /s/ Mi chael Ufferman MICHAEL UFFERMAN Counsel for the Peti tioner 4 CERTIFICATE OF SERVICE I, Michael Ufferman, a member of the Bar of this Court, hereby certi fy that on the 14th day of January, 2025, a copy of this Application For Extensi on of Time To F