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Thread: Billy Ray Riley - Nevada

  1. #11
    Administrator Moh's Avatar
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    The Ninth Circuit panel deciding Riley's appeal is made up of Judges Reinhardt (Carter), McKeown (Clinton) and Milan Smith (G.W. Bush).

    http://www.ca9.uscourts.gov/calendar...6-10&year=2015

  2. #12
    Administrator Heidi's Avatar
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    BILLY RILEY V. E. MCDANIEL

    In today's opinions, the Ninth Circuit Court of Appeals REVERSED the district court's denial of Riley's petition for a writ of habeas corpus. The court remanded the case with instructions to grant the writ unless the state of Nevada elects to pursue a new trial within a reasonable amount of time.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  3. #13
    Administrator Moh's Avatar
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    1990 murder conviction, death sentence overturned

    By CARRI GEER THEVENOT
    THE LAS VEGAS REVIEW-JOURNAL

    The murder conviction and death sentence of a Nevada inmate were overturned Friday by a federal appeals court.

    Billy Ray Riley, now 64, was convicted of the robbery and murder of Albert “Ramrod” Bollin in 1990 in Clark County District Court. Riley shot Bollin, a drug dealer, in the chest with a shotgun.

    According to an opinion issued Friday by a three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco, a jury instruction given at the trial violated Riley’s right to due process.

    “The instruction defined deliberation as a part of premeditation, rather than as a separate element,” according to the opinion, which was authored by Judge Stephen Reinhardt.

    Because Nevada law treated deliberation “as a distinct element of first-degree murder” at the time Riley was convicted and at the time his conviction became final, Reinhardt wrote, the instruction “constituted a due process violation under the United States Constitution.”

    “The jury was presented with significant evidence of Riley’s cocaine intoxication and emotional agitation — evidence which might well have created a reasonable doubt as to whether the murder was committed with deliberation as well as with premeditation,” according to the ruling.

    The District Court previously denied Riley’s petition for a writ of habeas corpus, which challenged his murder conviction and death sentence. The appeals court reversed that decision and sent the case back to District Court with instructions to grant Riley’s petition, “unless the state of Nevada elects to pursue a new trial within a reasonable amount of time.”

    Riley, who is housed at Ely State Prison, did not challenge his robbery conviction. Because he was found to be a habitual criminal, he was sentenced to life in prison without the possibility of parole for that crime.

    According to a footnote in the appeals court’s opinion, the record in the case “reflects multiple instances of egregiously deficient performance on the part of Riley’s trial counsel, with respect to both the guilt and penalty phases, due at least in part to the seriously inadequate public defense infrastructure in Clark County some quarter of a century ago.”

    http://www.reviewjournal.com/news/ne...nce-overturned

  4. #14
    Senior Member CnCP Addict johncocacola's Avatar
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    This case is now on SCOTUS's Docket

    http://www.supremecourt.gov/search.a...les/15-630.htm

  5. #15
    Administrator Moh's Avatar
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    No. 15-630
    Title:
    Renee Baker, Warden, Petitioner
    v.
    Billy Ray Riley
    Docketed: November 13, 2015
    Linked with 15A295
    Lower Ct: United States Court of Appeals for the Ninth Circuit
    Case Nos.: (11-99004)
    Decision Date: May 15, 2015
    Rehearing Denied: June 29, 2015

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Sep 9 2015 Application (15A295) to extend the time to file a petition for a writ of certiorari from September 27, 2015 to November 26, 2015, submitted to Justice Kennedy.
    Sep 15 2015 Application (15A295) granted by Justice Kennedy extending the time to file until November 12, 2015.
    Nov 9 2015 Petition for a writ of certiorari filed. (Response due December 14, 2015)
    Dec 7 2015 Order extending time to file response to petition to and including February 12, 2016.
    Feb 12 2016 Brief of respondent Billy Ray Riley in opposition filed.
    Feb 12 2016 Motion for leave to proceed in forma pauperis filed by respondent Billy Ray Riley.
    Feb 25 2016 Reply of petitioner Renee Baker, Warden filed.
    Mar 2 2016 DISTRIBUTED for Conference of March 18, 2016.
    Mar 21 2016 Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
    Mar 21 2016 Petition DENIED.

    https://www.supremecourt.gov/search....les/15-630.htm

  6. #16
    Administrator Moh's Avatar
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    On February 24, 2017, the State of Nevada filed an appeal before the US Court of Appeals for the Ninth Circuit.

    https://dockets.justia.com/docket/ci...s/ca9/17-15335

  7. #17
    Administrator Moh's Avatar
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    On February 7, 2019, oral argument will be heard in the State of Nevada's appeal before the Ninth Circuit.

    https://www.ca9.uscourts.gov/calenda...=4-8&year=2019

  8. #18
    Administrator Moh's Avatar
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    Riley's panel will be made up of Judges McKeown (Clinton), M. Smith (G.W. Bush) and Hurwitz (Obama).

    https://www.ca9.uscourts.gov/calenda...es=8&year=2019

  9. #19
    Administrator Moh's Avatar
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    In today's opinions, the Ninth Circuit DENIED the State of Nevada's appeal.

    http://cdn.ca9.uscourts.gov/datastor...9/17-15335.pdf

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