No. 25A534

Roderick Leshun Rankin v. Dexter Payne, Director, Arkansas Department of Correction

Lower Court: Eighth Circuit
Docketed: 2025-11-07
Status: Application
Type: A
Tags: arkansas constitutional-review death-penalty eighth-circuit habeas-corpus standard-of-review
Key Terms:
HabeasCorpus
Latest Conference: N/A
Question Presented (AI Summary)

Whether the Eighth Circuit applied the correct standard of review in denying habeas corpus relief for a death-row inmate challenging the constitutionality of his conviction and sentence

Question Presented (OCR Extract)

No question identified. : OCTOBER TERM 2025 CASE NO. IN THE SUPREME COURT OF THE UNITED STATES RODERICK LeSHUN RANKIN, Petitioner, v. DEXTER PAYNE, DIRECTOR, ARKANSAS DIVISION OF CORRECTION, Respondent. APPLICATION FOR EXTENSION OF TIME TO FILE PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT TO THE HONORABLE BRETT M. KAVANAUGH, Associate Justice of the Supreme Court and Circuit Justice for the United States Court of Appeals for the Eighth Circuit: 1. Pursuant to Rule 13.5 of the Rules of this Court, Petitioner Roderick LeShun Rankin, through undersigned counsel, respectfully moves for an extension of sixty days to prepare and file a Petition for Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit. 2. Petitioner seeks certiorari review of the Eighth Circuit’s opinion and judgment affirming the judgment of the United States District Court for the Eastern District of Arkansas, which denied habeas corpus relief in this Arkansas death-penalty case. 3. The Eighth Circuit issued its opinion and judgment on June 20, 2025, and it denied Petitioner’s timely petition for rehearing on August 26, 2025. Copies of the Eighth Circuit’s opinion, judgment, and rehearing order are attached as Appendices A, B, and C, respectively. 4. Petitioner invokes the jurisdiction of this Court pursuant to 28 U.S.C. § 1254(1). Petitioner’s certiorari petition is currently due on November 24, 2025. See Sup. Ct. R. 13.3. In accordance with this Court’s rules, Petitioner makes this request at least ten days in advance of the current due date. See Sup. Ct. R. 13.5. 5. Petitioner’s case presents complex and important questions, including the scope of evidence that a federal habeas court should consider under the actualinnocence gateway of Schlup v. Delo, 513 U.S. 298 (1995). Petitioner requests additional time to present the issues fully but concisely to this Court. Petitioner also requests additional time in light of counsel’s competing obligations in other deathpenalty cases, including Abdullah v. Richardson, No. 1:17-cv-00098-BLW (D. Idaho) (193-page opposition to motion to dismiss filed Sept. 19, 2025); Corrothers v. Cain, No. 3:25-CV-287-DMB (N.D. Miss.) (habeas corpus petition filed Oct. 31, 2025, with AEDPA deadline of Nov. 3, 2025); Marinelli v. Beard, No. 07-CV-173 (M.D. Pa.) (briefing following Commonwealth’s Partial Withdrawal of Opposition to habeas corpus relief); and Gutierrez v. Saenz, No. 21-70009 (5th Cir.) (DNA-related due process claim, on remand from this Court; supplemental brief due Nov. 7, 2025). WHEREFORE, Petitioner prays that the Court allow a sixty-day extension of time for the preparation and filing of his Petition for Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit, so that said Petition would be due for filing on January 23, 2026. Dated: November 3, 2025 Respectfully submitted, /s/ Joseph W. Luby Joseph W. Luby Federal Community Defender Office for the Eastern District of Pennsylvania 601 Walnut Street, Suite 545 West Philadelphia, PA 19106 (215) 928-0520 Counsel for Petitioner

Docket Entries

2025-11-07
Application (25A534) granted by Justice Kavanaugh extending the time to file until January 23, 2026.
2025-11-03
Application (25A534) to extend the time to file a petition for a writ of certiorari from November 24, 2025 to January 23, 2026, submitted to Justice Kavanaugh.

Attorneys

Roderick Rankin
Joseph W. LubyFederal Community Defender Office, E.D. Pa., Petitioner
Joseph W. LubyFederal Community Defender Office, E.D. Pa., Petitioner