Whether the Eighth Amendment permits the imposition and execution of a death sentence in light of systemic delays and potential constitutional errors in capital cases

No question identified. : PETITIONER’S APPLICATION FOR EXTENSION OF TIME TO FILE PETITION FOR A WRIT OF CERTIORARI To the Honorable Neil Gorsuch, Associate Justice of the United States Supreme Court and Circuit Justice for the Tenth Circuit: Pursuant to Rules 13.5, 30.2, and 30.3 of the Rules of the Supreme Court of the United States, and for the reasons set forth herein, Petitioner, Mica Alexander Martinez, respectfully applies to this Court for an order extending the time in which to file his petition for a writ of certiorari from July 14, 2025, until September 12, 2025, a period of 60 days. The jurisdiction of this Court is based on 28 U.S.C. § 1254(1). BACKGROUND Mr. Martinez is incarcerated and under a sentence of death. On November 19, 2024, the United States Court of Appeals for the Tenth Circuit issued a published opinion in Case No. 23-6001, wherein the circuit court affirmed the original judgment entered by the United States District Court for the Western District of Oklahoma in Case No. CIV-16-01278-D. See Opinion and Judgment, attached hereto as Attachment A. Mr. Martinez sought rehearing, which the Tenth Circuit Court of Appeals granted in limited part to the extent of the modifications in the introduction, part II.A., and the conclusion of the revised opinion filed with the Order on April 14, 2025. See Order and Opinion, attached hereto as Attachment B. ARGUMENT AND AUTHORITIES Mr. Martinez seeks a writ of certiorari to the United States Court of Appeals for the Tenth Circuit with respect to its revised decision rendered on April 14, 2025, as referenced above. Under Supreme Court Rule 13.3, Mr. Martinez’s petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit is currently due on or before July 14, 2025. See Supreme Court Rule 13.3 (the time to file the petition for a writ of certiorari ... “runs from the date of the denial of rehearing or, if rehearing is granted, the subsequent entry of judgment”). However, the time granted by Supreme Court Rule 18 will be insufficient to allow Mr. Martinez’s counsel to do justice to the issues at hand. Therefore, Mr. Martinez seeks an extension of 60 days to file his petition for a writ of certiorari. See Supreme Court Rule 13.5 (“For good cause, a Justice may extend the time to file a petition for writ of certiorari for a period not exceeding 60 days.”). In accordance with Supreme Court Rule 13.5, this Application is submitted at least 10 days prior to the present due date of July 14, 2025. The requested extension is made in good faith and not to delay the proceedings. This Court has repeatedly emphasized that its duty to search for constitutional error with painstaking care is never more exacting than it is in a capital case. Burger v. Kemp, 483 U.S. 776, 785 (1987). It is respectfully submitted that counsel’s duty to present all authorized claims of constitutional error with painstaking care is equal or greater. Thus, it is important that counsel be granted additional time to research the constitutional issues at hand so they may prepare Mr. Martinez’s petition with the care and accuracy demanded of such cases. Additionally, if Mr. Martinez’s petition is denied, an extension of 60 days will not impact the timing of his execution date or the State’s interest in carrying out executions. Under Oklahoma law, the completion of federal habeas proceedings generally triggers an execution date. Okla. Stat. tit. 22, § 1001.1(2021). But there is currently a backlog of executions in Oklahoma. See Order, Jn re: The Setting of Execution Dates, D-2005-310, D-2006-126, D-2000886, D-2005-1081, D-2007-660, D-2000-1609, D-2008-319, D-2008-595, D2005-171, D-2007-1055, D-2009-702, D-2007-825, D-2003-1186, D-2008-43, D2009-1118, D-2008-57, D-2008-657 (Okla. Crim. App. May 7, 2024). The backlog stems from a moratorium on executions after multiple botched executions. Timeline of Events Involving Capital Punishment in Oklahoma, Associated Press (Oct. 28, 2021)