Whether the prosecution's failure to disclose impeachment and exculpatory evidence constituted a Brady violation that prejudicially undermined the fairness of the criminal trial

No question identified. : Kevin C. Riach (389277) THE LAW OFFICE OF KEVIN C. RIACH, P.L.L.C 125 SE Main St., Suite 339 Minneapolis, MN 55414 (admitted pro hac vice) Counsel for Petitioner To the Honorable Samuel A. Alito, Associate Justice of the Supreme Court of the United States and Circuit Justice for the Fifth Circuit: 1. Pursuant to Supreme Court Rule 13.5, petitioner Darrell James Robinson respectfully requests a 60-day extension of time, until February 1, 2026, within which to file a petition for a writ of certiorari. The Supreme Court of Louisiana issued its opinion on December 13, 2024 and affirmed its decision on second rehearing on June 27, 2025. A timely filed application for rehearing was denied on September 4, 2025. A copy of the opinion, the order affirming its decision rehearing are attached, and the order denying rehearing are attached. This Court has jurisdiction under 28 U.S.C. § 1254(1). 2. Absent an extension, a petition for a writ of certiorari would be due on December 3, 2025. See U.S.S.Ct.R. 13.1. This application is being filed more than 10 days in advance of that date, and no prior application has been made in this case. The requested extension is necessary because the issues to be presented in Petitioner’s case are complex and significant and due to counsel’s competing work obligations. 3. In this case, the Louisiana Supreme Court granted Petitioner’s writ off the denial of state postconviction relief on June 26, 2023, the parties submitted briefing, and oral arguments were held in October 2023. The Louisiana Supreme Court granted Appellant a new trial in a decision issued January 27, 2024. State ex rel. Robinson v. Vannoy, 2021-00812, 378 So. 3d 11 (La. 1/26/24) (hereinafter “Robinson IP’). The State applied for rehearing, which was granted on March 21, 2024. State ex rel. Robinson v. Vannoy, 382 So. 3d 27 (La. 3/21/24). Oral arguments on rehearing were held on May 6, 2024. The Louisiana Supreme Court issued an opinion reversing its January 2024 opinion on December 13, 2024 and reinstated Mr. Robinson’s conviction and death sentence. State ex rel. Robinson v. Vannoy, 2021-00812, 397 So.3d 333 (La. 12/13/24) (hereinafter “Robinson IT’). Appellant filed his application for rehearing on December 27, 2024, and the State responded on December 31, 2024. The Louisiana Supreme Court granted Appellant’s request for rehearing on March 20, 2025, State ex rel. Robinson v. Vannoy, 2025 La. LEXIS 389 (La. 3/20/25), and oral arguments on second rehearing were held on May 6, 2025. The court affirmed its December 13, 2024 decision reinstating Petitioner’s conviction and death sentence on June 27, 2025. 4. In state post-conviction proceedings, the defense discovered that the prosecution had failed to disclose significant impeachment and exculpatory evidence pertaining to many aspects of Petitioner’s case, including the State’s star witness and critical forensic evidence, among other issues. Petitioner, in his post-conviction application, argued in part that the prosecution’s suppression of evidence violated Brady v. Maryland, 373 U.S. 83 (1963) and Napue v. Illinois, 360 U.S. 269 (1959). When the state district court denied post-conviction relief Petitioner applied to the Louisiana Supreme Court for a writ of review. 5. The Louisiana Supreme Court’s prejudice analysis regarding Petitioner’s Brady claim did not recognize and grapple with the significant impeachment evidence that undermined the State’s star witness and its otherwise purely circumstantial trial evidence. The failure to acknowledge this evidence and its impact on the prejudice analysis conflicts with the United States Supreme Court’s decisions in Wong v. Belmontes, 558 U.S. 15 (2009) (per curiam), Wearry v. Cain, 577 U.S. 385 (2016) and Kyles v. Whitley, 514 US. 419 (1995). 6. Counsel’s competing work obligations limit their ability to devote adequate time to Petitioner’s petition for writ of certiorari between today and December 3, 2025. Ms. Carbia an