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Case Information: 89824
Short Caption:YBARRA, JR. (ROBERT) VS. WARDEN (DEATH PENALTY-PC)Court:Supreme Court
Related Case(s):91040, 91586
Lower Court Case(s):White Pine Co. - Seventh Judicial District - HC2410004Classification:Criminal Appeal - Death Penalty - Post-Conviction
Disqualifications:Case Status:Briefing Completed/Submitted For Decision
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:07/15/2025How Submitted:On Record And Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/19/2024Filing FeeAppeal Filing Fee Waived. Criminal. (SC)
12/19/2024Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)24-48913
12/19/2024Notice/OutgoingIssued Notice Appeal Docketed Post Conviction Capital. Transcript request due: 14 days; Docketing statement due: 21 days; Opening brief and appendix due: 120 days from filing of record. (SC)24-48917
12/19/2024Notice/OutgoingIssued Notice of Mandatory Electronic Filing. All attorneys are required to file electronically. To: Rene Valladares. (SC)24-48919
12/30/2024Transcript RequestFiled Appellant's Certificate of No Transcript Request. (SC)24-50306
01/07/2025Docketing StatementFiled Appellant's Docketing Statement Criminal. (SC)25-00915
01/16/2025Order/ProceduralFiled Notice of Voluntary Disclosure for Justice Bell. (SC)25-02507
01/17/2025Notice of Appeal DocumentsFiled Amended Notice of Appeal. (REJECTED PER PHONE CALL). (SC)
01/22/2025Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental. Amended NOA. (SC)25-03192
01/24/2025Notice/IncomingFiled Notice of Appearance (David Anthony as counsel for Appellant). (SC)25-03652
01/24/2025MotionFiled Appellant's Motion to Stay District Court Proceedings Pending Resolution of Appeal Capital Case Stay of Execution Scheduled to Expire on February 11, 2025 (SC)25-03730
01/24/2025MotionFiled Appellant' s Motion to Transmit Video Recording of Hearing(SC)25-03731
01/30/2025MotionFiled Respondent's Opposition to Appellant's Motion to Stay of Seventh Judicial District Court Criminal Case Proceedings Pending Resolution of Habeas Case Appeal (SC)25-04556
02/04/2025MotionFiled Reply to Respondent's Opposition to Motion to Stay District Court Proceedings Pending Resolution of Appeal(SC)25-05379
02/04/2025MotionFiled Appellant's Reply to Respondent's Opposition to Motion to Stay District Court Proceedings Pending Resolution of Appeal(SC)25-05382
02/10/2025Order/ProceduralFiled Order. Appellant has filed a motion to stay the district court proceedings in his related criminal case pending resolution of this appeal from the denial of a postconviction petition for writ of habeas corpus. As no unexpired warrant of execution appears to be in place, we deny appellant's motion to stay the proceedings in Seventh Judicial District Court Case No. CR-0001511. Additionally, appellant filed a motion to transmit a video recording of the district court's January 3, 2025, hearing on appellant's motions to strike and to stay the execution warrant. In light of this order, we conclude transmittal of the video recording is unnecessary, and appellant can file a transcript request form for district court proceedings that appellant deems necessary for consideration of the issues on appeal. En Banc (SC)25-06252
03/28/2025MotionFiled Appellant's Emergency Motion to Stay Second Supplemental Warrant of Execution Pending Resolution of Appeal Capital Case Execution Scheduled for Week of April 14, 2025 (SC)25-14286
03/28/2025MotionFiled Appellant Motion for Expedited Briefing Schedule Capital Case Execution Scheduled for Week of April 14, 2025 (SC)25-14288
04/01/2025Notice/IncomingFiled Appellant's Notice of Withdrawal of Motion to Expedited Schedule. (SC)25-14698
04/04/2025MotionFiled Respondent's Opposition to Appellant's Motion to Stay Second Supplemental Warrant of Execution Pending Resolution of Appeal (SC)25-15319
04/10/2025MotionFiled Appellant's Motion to Exceed Type-Volume Limitation for Reply. (STRICKEN PER ORDER FILED ON 4/11/25) (SC)
04/10/2025MotionFiled Appellant's Reply to Respondent's Opposition to Stay Second Supplemental Warrant of Execution Pending Resolution of Appeal. Capital Case Execution Scheduled for Week of April 14, 2025 (SC)25-16249
04/11/2025Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Motion to Exceed Type Volume Limitation for Reply. Corrected Motion due: 7 days from the date of this order. (SC)25-16543
04/11/2025MotionFiled Appellant's Motion for Excess Pages to Exceed Type-Volume Limitation For Reply. (SC)25-16582
04/11/2025MotionFiled Appellant's Reply to Opposition to Stay Second Supplemental Warrant of Execution Pending Resolution of Appeal. (SC)25-16583
04/14/2025Order/ProceduralFiled Order Granting Motion to Stay Warrant of Execution. Appellant has filed a motion to stay the warrant pending resolution of this appeal from the denial of appellant's postconviction petition for writ of habeas corpus. Having considered the motion, opposition, and reply, the court agrees that a stay is warranted here. Accordingly, appellant's motion is granted and the March 26, 2025, Corrected Second Supplemental Warrant of Execution and the execution of the death penalty in Seventh Judicial District Court Case No. CR-0001511 are stayed pending resolution of this appeal or further order of this court. The clerk of this court shall immediately deliver a copy of this order to all required parties as set forth in NRAP 8(f). Additionally, the court directs the parties to expedite briefing in this matter. Appellant shall have 30 days from the date of this order to file and serve the opening brief and appendix. Thereafter, any answering brief and reply brief shall follow the schedule set forth in NRAP 31(a)(1). Failure to timely file the opening brief and appendix may result in the imposition of sanctions. NRAP 31(d)(1). No extensions of time to file briefs will be granted absent demonstration of extraordinary and compelling circumstances. fn2[Appellant's motion to exceed the type-volume limitation for the reply is granted. The reply was filed on April 11, 2025.] En Banc (SC)25-16686
05/14/2025BriefFiled Appellant's Opening Brief (SC)25-21613
05/14/2025AppendixFiled Appellant's Alphabetical index (SC)25-21624
05/14/2025AppendixFiled Appellant's Chronological Index (SC)25-21626
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 1 of 20 (SC)25-21633
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 2 of 20 (SC)25-21635
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 3 of 20 (SC)25-21636
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 4 of 20 (SC)25-21637
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 5 of 20 (SC)25-21639
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 6 of 20 (SC)25-21640
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 7 of 20 (SC)25-21642
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 8 of 20 (SC)25-21644
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 9 of 20 (SC)25-21646
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 10 of 20 (SC)25-21647
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 11 of 20 (SC)25-21648
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 12 of 20 (SC)25-21650
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 13 of 20 (SC)25-21652
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 14 of 20 (SC)25-21653
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 15 of 20 (SC)25-21654
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 16 of 20 (SC)25-21655
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 17 of 20 (SC)25-21659
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 18 of 20 (SC)25-21660
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 19 of 20 (SC)25-21662
05/14/2025AppendixFiled Appellant's Appendix to Opening Brief Volume 20 of 20 (SC)25-21663
05/20/2025MotionFiled American Civil Liberties Union of Nevada (ACLUNV) and American Civil Liberties Union (ACLU) Motion for Permission for Leave to File Amici Curiae Brief in Support of Appellant. (SC)25-22516
05/20/2025MotionFiled ACLU and ACLUNV Motion to Associate Counsel Megan D. Byrne. (SC)25-22530
05/20/2025MotionFiled ACLU and ACLUNV Motion to Associate Counsel Brian W. Stull. (SC)25-22531
05/20/2025MotionFiled ACLU and ACLUNV Motion to Associate Counsel Julie A. Murray. (SC)25-22533
05/21/2025MotionFiled Amici Curiae American Association on Intellectual and Developmental Disabilities Motion For Leave to File Amicus Curiae Brief in Support of Appellant (SC)25-22566
05/21/2025BriefFiled Amicus Curiae Brief of American Association on Intellectual and Developmental Disabilities in Support of Appellant. (SC)25-22567
05/21/2025BriefFiled the American Bar Association as Amicus Curiae in Support of Appellant and Reversal (filed with written consent of the parties)(SC)25-22569
05/21/2025MotionFiled Amici Curiae American Association on Intellectual and Developmental Disabilities Motion For Leave to File Amicus Curiae Brief in Support of Appellant- corrected Exhibit A (SC)25-22572
05/21/2025MotionFiled Amici Curiae American Association on Intellectual and Developmental Disabilities (Corrected )Motion For Leave to File Amicus Curiae Brief in Support of Appellant. (SC)25-22603
05/21/2025BriefFiled Amicus Curiae Brief of American Association on Intellectual and Developmental Disabilities in Support of Appellant. (SC)25-22605
05/21/2025Notice/IncomingFiled Notice of Appearance for CCPD Collectively Amicus, John Piro. (SC)25-22742
05/21/2025MotionFiled CCPD Collectively Motion for Leave to File Amicus Curiae Brief in Support of Appellant (SC)25-22743
05/21/2025MotionFiled CCPD Collectively Motion for Leave to File Amicus Curiae Brief in Excess of Word/ Type Limitations(SC)25-22744
05/21/2025BriefFiled Amicus Brief for CCPD Collectively in Support of Appellant. (SC)25-22745
05/21/2025BriefFiled Amicus Brief on Behalf of Nevada Attorneys for Criminal Justice (NACJ) in Support of Appellant. (SC)25-22747
05/21/2025MotionFiled Motion for Amicus for Nevada Law Professors, Eve Hannan, and Addie Rolnick for Permission to File Motion for leave to file Amicus Brief.(SC)25-22758
05/21/2025BriefFiled Amicus Brief for Nevada Law Professors, Eve Hannan, and Addie Rolnick in Support of Appellant (SC)25-22760
05/29/2025MotionFiled Amici ACLU and ACLUNV Motion to Associate Counsel Zoe A. Brennan-Krohn. (SC)25-24009
06/13/2025AppendixFiled Appendix to Answering Brief Respondents Appendix (STRICKEN PER 6/17/25 ORDER). (SC)
06/13/2025BriefFiled Respondents Answering Brief (SC)25-26465
06/17/2025Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Appendix to Answering Brief. Corrected appendix due: 14 days. (SC)25-26747
06/20/2025Order/ProceduralFiled Order Regarding Motions. The following proposed amici have filed motions for leave to file an amicus brief in support of appellant: (1) American Civil Liberties Union of Nevada (ACLUNV) and American Civil Liberties Union (ACLU); (2) American Association on Intellectual and Developmental Disabilities; (3) the Clark County Public Defenders Office, Clark County Special Public Defenders Office, Nevada State Public Defender, Washoe County Alternate Public Defender, Washoe County Public Defender, and Elko County Public Defender (collectively, CCPD); and (4) Professors Eve Hannan and Addie Rolnick of the William S. Boyd School of Law. Because the proposed briefs are accompanied by proof of consent of the parties, the motions for leave to file them are unnecessary and are denied. The briefs of these amici curiae have been filed along with those filed by Nevada Attorneys for Criminal Justice and the American Bar Association. CCPD has filed a motion to file an amici brief that exceeds the type-volume limit. The proposed amici brief, however, does not exceed the type-volume limit. The filed amici brief, which contains 10,307 words, does not exceed the type-volume limit for an amici brief in a capital case. Accordingly, the motion is denied as moot. Christopher M. Peterson, on behalf of amici ACLU and ACLUNV, has filed motions to associate Megan D. Byrne, Brian W. Stull, Zoe A. Brennan-Krohn, and Julie A. Murray, as counsel of record pursuant to SCR 42. Attached to the motions to associate are verified applications, certificates of good standing, and SCR 42 statements. ). Cause appearing, the motions are granted. Megan D. Byrne, Brian W. Stull, Zoe A. Brennan-Krohn, and Julie A. Murray shall be permitted to appear on behalf of amici ACLU and ACLUNV in this appeal. Nevada attorney Christopher M. Peterson shall be responsible for all matters presented by Ms. Byrne, Mr. Stull, Ms. Brennan-Krohn, and Ms. Murray in this matter. (SC)25-27313
06/25/2025AppendixFiled Respondent's Alphabetical Index (SC)25-27879
06/25/2025AppendixFiled Respondent's Chronological Index (SC)25-27880
07/14/2025BriefFiled Appellant's Reply Brief (SC)25-30550
07/14/2025AppendixFiled Appellant's Reply Appendix Alpha Index (SC)25-30554
07/14/2025AppendixFiled Appellant's Reply Appendix Chronological Index(SC)25-30555
07/14/2025AppendixFiled Appellant's Reply Appendix Volume 1 of 1 (SC)25-30557
07/15/2025Case Status UpdateBriefing Completed/Submitted For Decision(SC)
07/23/2025Order/ProceduralFiled Order to File Appendix. On June 17, 2025, this court entered an order striking the appendix to the answering brief because it was deficient. That order directed respondent to correct the deficiency and re-file the appendix within 14 days and cautioned that failure to comply may result in the imposition of sanctions. Although respondent filed the indexes to the appendix on June 25, 2025, respondent did not file an appendix that conforms with the rules. Accordingly, respondent shall have 7 days from the date of this order to correct the deficiency and file an appendix that conforms with the rules. (SC)25-32199
07/30/2025AppendixFiled Respondents Appendix Volume One (SC)25-33306
07/30/2025BriefFiled Respondent's Amended Answering Brief.(SC)25-33308
10/07/2025Notice/IncomingFiled Appellant's Notice of Supplemental Authority & Unopposed Motion for Supplemental Briefing Schedule. (SC)25-43907