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YBARRA v. STATE

No. 52167.

247 P.3d 269 (2011)

Robert YBARRA, Jr., Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

March 3, 2011.

Attorney(s) appearing for the Case

Franny A. Forsman , Federal Public Defender, and Michael Pescetta , Assistant Federal Public Defender, Las Vegas, for Appellant.

Catherine Cortez Masto , Attorney General, Carson City; Richard W. Sears , District Attorney, White Pine County, for Respondent.

Before the Court En Banc.

OPINION

By the Court, PARRAGUIRRE, J.:

A jury sentenced appellant Robert Ybarra, Jr., to death in 1981 for the murder of 16-year-old Nancy Griffith. Two decades later, the United States Supreme Court held in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), that the Eighth Amendment's ban on cruel and unusual punishment precludes the execution of mentally retarded persons. In compliance...

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