Peter Elvik v. Renee Baker

FILED

NOT FOR PUBLICATION

JUN 28 2016

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PETER ELVIK, No. 13-17530

Petitioner - Appellee, D.C. No. 3:04-cv-00471-GMN-

WGC

v.

RENEE BAKER and ATTORNEY MEMORANDUM*

GENERAL OF THE STATE OF

NEVADA,

Respondents - Appellants.

PETER ELVIK, No. 14-15126

Petitioner - Appellant, D.C. No. 3:04-cv-00471-GMN-

WGC

v.

RENEE BAKER and ATTORNEY

GENERAL OF THE STATE OF

NEVADA,

Respondents - Appellees.

On Remand From the United States Supreme Court

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Before: SCHROEDER and N.R. SMITH, Circuit Judges, and KRONSTADT,** District Judge.

The Nevada Attorney General appeals the district court’s order conditionally

granting Peter Elvik’s 28 U.S.C. § 2254 habeas corpus petition, arguing that (1) the

district court was obligated to develop alternative theories to support the Nevada

Supreme Court’s decision, and (2) the district court erred…