Riley v. Filson, No. 17-15335 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed the district court's denial of Nevada's Federal Rule of Civil Procedure 60(b)(6) motion for relief from the district court's judgment granting on remand petitioner's habeas corpus petition challenging his first degree murder conviction.
At issue was whether the Nevada Supreme Court has, since the panel's prior decision in this case, changed the elements for first-degree murder in Nevada in 1991, when petitioner's murder conviction became final. The panel held that intervening Nevada Supreme Court cases did not change the law or undermine Riley I. Therefore, because there was no change in the law that affected Riley I's interpretation of the required elements for first-degree murder in Nevada, the district court did not abuse its discretion by denying the state's motion.