Whether the Sixth, Eighth, and Fourteenth Amendments require a new trial or resentencing where a defendant alleges ineffective assistance of counsel and prejudicial pre-trial publicity

No question identified. : Florida. Mr. Foster is seeking certiorari from the United States Court of Appeals for the Eleventh Circuit’s denial of his Application for a certificate of appealability and his Motion for Reconsideration of the March 21, 2025 Order denying the application entered on May, 7, 2025. (Attachments A and B respectively). Mr. Foster sought leave to appeal the district court’s denial of his claims that his conviction and death sentence are unconstitutional under the Sixth, Eighth, and Fourteenth Amendments of the United States Constitution in light of this Court’s decisions in Strickland v. Washington, 466 U.S. 668 (1984); Murphy v. Florida, 421 U.S. 794 (1975); Sheppard v. Maxwell, 384 U.S. 333 (1966); Estes v. Texas, 381 U.S. 532 (1965); Rideau v. Louisiana, 373 U.S. 723 (1963); and Irvin v. Dowd, 366 U.S. 717 (1961). See Foster v. Sec’y, Fla. Dep’t of Corr., No. 2023 WL 7131841 (M.D. Fla. Oct. 30, 2023). Mr. Foster’s time to petition for certiorari in this Court regarding the Eleventh Circuit’s decision expires on August 5, 2025. See Supreme Court Rule 13.3; 30.1. This application for a sixty-day extension is being filed more than ten days before that date. Undersigned counsel shows the following good cause in support of this request. Mr. Foster is represented by the Office of the Capital Collateral Regional Counsel — South (CCRC-South), a Florida state agency charged with the responsibility of representing indigent death row inmates. Undersigned counsel is assigned lead counsel for Mr. Foster’s postconviction matters and carries a significant caseload of capital postconviction cases and non-capital appellate and postconviction cases. Counsel’s ability to prepare a petition for certiorari in this case has been hindered due to obligations in other cases that preceded this matter. Counsel has an attempted murder case set for trial in Florida State court in September and is preparing for a juvenile review hearing on a murder case, also in Florida State court. Additionally, due to the unprecedented rapid signing of death warrants by the Florida Governor, which set a mere 30 days from warrant signing to execution and appear to be randomly selected, counsel has been preparing her warrant eligible cases so that she will be prepared should the Governor sign an execution warrant on one of her clients. Due to undersigned counsel’s heavy caseload, counsel has not had the ability to prepare a proper petition for writ of certiorari in Mr. Foster’s case. If the sixty-day extension of time is granted, counsel’s intention is to file a petition for certiorari on or before October 4, 2025. WHEREFORE, Mr. Foster respectfully requests that an order be entered extending his time to petition for certiorari to and including October 4, 2025. Respectfully submitted, /s/ Marie-Louise Samuels Parmer MARIE-LOUISE SAMUELS PARMER Special Assistant CCRC-South Florida Bar No.: 0005584 *Counsel of Record COURTNEY M. HAMMER Staff Attorney Florida Bar No. 1011328 Office of the Capital Collateral Regional Counsel — South 110 SE 6th Street, Suite 701 Fort Lauderdale, FL 33301 Tel: (954) 713-1284 COUNSEL FOR MR. FOSTER