United States Supreme Court
PENRY v. TEXAS, (1995)
No. A-180
Decided On : August 28, 1995
JUSTICE SCALIA, Circuit Justice.

I have before me an application for extension of time in which to file a petition for a writ of certiorari to the Court of Criminal Appeals of Texas. Counsel seek a 59-day extension of the filing deadline "because of the voluminous record below and the breadth of errors that were committed below which warrant review by this Court." Counsel explain that "[t]he petitioners brief to the Court of Criminal Appeal[s] of Texas discussed 132 points of error and is 375 pages in length. The States brief is 248 pages in length. The judgment affirming petitioners conviction and death sentence is 76 pages with 6 additional pages of concurrences." The application offers one additional reason for the extension request: "[C]ounsel of record will be out of his office during the entire week before September 5, 1995 - the day that the time to file the petition will expire."

Our rules provide that "[a] petition for a writ of certiorari to review a judgment in any case, civil or criminal, entered by a state court of last resort, . . . shall be deemed in time when

Click Here to Read the rest of this document