No. 23A508

Robert Ybarra, Jr. v. William Gittere, Warden

Lower Court: Ninth Circuit
Docketed: 2023-12-05
Status: Presumed Complete
Type: A
Tags: atkins-claim death-penalty exhaustion-doctrine habeas-corpus intellectual-disability rule-60b
Latest Conference: N/A
Question Presented (from Petition)

Question not identified.

Question Presented (AI Summary)

Whether a death row inmate with an intellectual disability claim under Atkins v. Virginia can seek federal habeas relief through a Rule 60(b) motion after exhausting state court remedies

Docket Entries

2023-12-06
Application (23A508) granted by Justice Kagan extending the time to file until February 11, 2024.
2023-11-30
Application (23A508) to extend the time to file a petition for a writ of certiorari from December 13, 2023 to February 11, 2024, submitted to Justice Kagan.

Attorneys

Robert Ybarra, Jr.
Randolph Makoto FiedlerFederal Public Defender, District of Nevada, Petitioner