Filed February 5, 2003
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SECOND SUPPLEMENT TO PETITIONER’S
OPPOSITION TO MOTION TO RESET EXECUTION DATE _______________________________________________________________________

In addition to the reasons previously set for in Mr. Abdur’Rahman’s “Opposition to Motion to Reset Execution Date” and “Notice of Supplemental Authority,” Mr. Abdur’Rahman notifies the Court that the United States Supreme Court has just recently granted certiorari in the case of United States v. Castro, Case No. 02-6683. See Exhibit A, Order List, 537 U.S. ___, January 27, 2003. The questions presented in Castro are precisely the issues presented in Mr. Abdur’Rahman’s rehearing petition which is currently pending in the the United States Supreme Court.

Mr. Abdur’Rahman has thus far been denied review of the merits of his federal constitutional claims that the prosecutor in his case hid exculpatory evidence and misled the judge, the jury and defense counsel about the facts in this case. The outcome in the Castro case could very well push aside the procedural technicalities which have stood in the way of a fair

review of this case and open the door to federal review of these most serious allegations. This Court should not cut short that opportunity.

WHEREFORE, for all of the reasons previously stated and those stated herein, the State’s motion to reset the execution date in this case should be denied.

Respectfully submitted,

VERIFICATION