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RILEY v. FILSON

No. 17-15335.

933 F.3d 1068 (2019)

Billy Ray RILEY, Petitioner-Appellee, v. Timothy FILSON; Aaron D. Ford; State of Nevada, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2019.

Attorney(s) appearing for the Case

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

David Anthony (argued) and Benjamin H. McGee III , Assistant Federal Public Defenders; Rene L. Valladares , Federal Public Defender; Office of the Federal Public Defender, Las Vegas, Nevada; for Petitioner-Appellee.

Before: M. Margaret McKeown, Milan D. Smith, Jr., and Andrew D. Hurwitz, Circuit Judges.

OPINION

The straightforward question before us is whether the Nevada Supreme Court has, since our prior decision in this case, changed the elements for first-degree murder in Nevada in 1991, when Billy Ray Riley's murder conviction became final. See Riley v. McDaniel, 786 F.3d 719

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