Whether a state court's denial of a successive postconviction motion violates a criminal defendant's constitutional rights under the Sixth, Eighth, and Fourteenth Amendments

No question identified. : 3. This case involves the February 4, 2025, decision of the Mississippi Supreme Court denying Mr. Smith’s application for leave to file a successive postconviction motion pursuant to Miss. Code Ann. 99-39-27. See Attachment A. Mr. Smith’s case involves complex procedural and substantive issues implicating the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution. On June 5, 2025, the Mississippi Supreme Court denied Mr. Smith’s timely motion for rehearing. See Attachment B. 4. Mr. Smith will file a Petition for Writ of Certiorari in this Court. This Court has jurisdiction under 28 U.S.C. § 1257. 5. The time to seek certiorari following the Mississippi Supreme Court’s denial of rehearing under this Court’s Rule 13 expires on September 3, 2025. Under 28 U.S.C. § 2101(d) and Supreme Court Rules 13.5 and 30.2, 6. Mr. Smith requests an extension of time of thirty (30) days to file his petition, to and including October 3, 2025. He is requesting this extension more than ten days before the current deadline. Undersigned counsel show the following good cause in support of this request. 7. Undersigned counsel are supervisors of their respective offices, the Mississippi Office of Capital Post-Conviction Counsel (Attorney Nobile) and the Capital Habeas Unit of the Office of the Federal Defender for the Middle District of Florida (Attorney Donnelly). Both Offices represented clients executed by the States of Mississippi and Florida, respectively, in June and July of 2025 (Miss.: Richard Jordan, executed June 24, 2025; Fla.: Michael Bell, executed July 15, 2025). The litigation of those cases while under warrant was extremely timeand resourceconsuming and hindered undersigned counsels’ ability to prepare a writ of certiorari in this case. 8. Special Assistant Attorney General Brad Smith, who represents the State of Mississippi, does not object to this extension. WHEREFORE, Mr. Smith, through his counsel, respectfully requests an extension of time of thirty (80) days to file the Petition for Writ of Certiorari to the Mississippi Supreme Court in this case. Respectfully submitted, /s/ Krissy C. Nobile KRISSY C. NOBILE Counsel of Record Mississippi Office of Capital Post-Conviction Counsel 239 North Lamar Street, Suite 404 Jackson, MS 39201 Tel: 601-359-5733 /s/ Marie F. Donnelly MARIE F. DONNELLY, admitted pro hac vice Capital Habeas Unit Office of the Federal Defender Middle District of Florida 400 North Tampa Street, Suite 2700 Tampa, FL 33602 Tel: 813-228-2715 COUNSEL FOR MR. SMITH