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YBARRA v. FILSON

Nos. 13-17326, 17-15793, 17-71465.

869 F.3d 1016 (2017)

Robert YBARRA, Jr., Petitioner-Appellant, v. Timothy FILSON, Warden, Respondent-Appellee. Robert Ybarra, Jr., Petitioner-Appellant, v. Timothy Filson, Warden; Adam Paul Laxalt, Nevada Attorney General, Respondents-Appellees. Robert Ybarra, Jr., Petitioner, v. Timothy Filson, Warden; Adam Paul Laxalt, Nevada Attorney General, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed September 1, 2017.

Attorney(s) appearing for the Case

Randolph M. Fiedler (argued) and Michael Pescetta , Assistant Federal Public Defenders; Rene L. Valladares , Federal Public Defender; Office of the Federal Public Defender, Las Vegas, Nevada; for Petitioner-Appellant.

Jeffrey M. Conner (argued), Assistant Solicitor General; Adam Paul Laxalt , Attorney General; Office of the Attorney General, Carson City, Nevada; for Respondents-Appellees.

Before: Barry G. Silverman, Richard C. Tallman, and Richard R. Clifton, Circuit Judges.

OPINION

On September 28, 1979, Robert Ybarra kidnapped, beat, and sexually assaulted sixteen-year-old Nancy Griffith in rural White Pine County, Nevada. He then doused her in gasoline, set her on fire, and left her to die a slow and agonizing death. At trial, he pled not...

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