Riley v. Filson, No. 17-15335 (8-9-19)(McKeown w/M. Smith & Hurwitz). The 9^th held that the district court did not abuse its discretion in denying the State’s 60(b)(6) motion seeking relief from a grant of habeas relief.  This case is about state law interpretation, especially relating to first-degree murder and the elements.  In 1991, the 9^th interpreted Nevada state law as regards to first-degree murder in 1991 in Riley I, 786 F.3d 719 (9^th Cir. 2015). The 9th found three separate elements.  The State now argues that the state supreme court changed its interpretation post-Riley and thus undermines Riley I. The 9^th disagrees.  While the definitions for a period – 1992 to 2000 – were merged, the “window” of this merger occurs after the petitioner’s conviction was final. The 9^th acknowledges that the state supreme court may disagree with whether these elements need to be defined separately; there is no disagreement with the three separate elements.

Congrats to David Anthony and Ben McGee, AFPDs with the Nevada FPD (Las Vegas).

The decision is here: 

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/08/09/17-15335.pdf