Ybarra v. Warden (Amicus)

In 1979, appellant Robert Ybarra Jr. was convicted of capital murder and sentenced to death by a jury. Mr. Ybarra lives with serious mental illness, and the jury that sentenced him to death was not instructed that it needed to find beyond a reasonable doubt that aggravating circumstances outweigh mitigating ones, such as mental illness. Capital defendants who live with serious mental illness, like Mr. Ybarra, are more likely to be sentenced to death. This is because symptoms of their mental illness often impair trial and appellate proceedings, leading to unreliability in sentencing.

The ACLU’s Capital Punishment Project and State Supreme Court Initiative, along with the ACLU of Nevada, filed an amicus curiae brief arguing that Article 1, section 6 of the Nevada Constitution—which prohibits cruel or unusual punishment—bars the execution of individuals with serious mental illness.

As the brief argues, executing capital defendants with serious mental illness is cruel and lacks penological justification. It further argues that executing capital defendants is unusual given evolving standards of decency and increased protections for individuals with mental illness. Amici urge the Court to recognize that executing capital defendants with serious mental illness is unconstitutional and to categorically exempt this population from execution.

The ACLU of Nevada does not represent the parties in this case, and our involvement is limited to filing an amicus curiae brief, also known as a “friend of the court” brief, which allows us to share legal arguments, policy expertise, and broader civil liberties perspectives that may assist the court in making its decision. We file these briefs in cases that may have significant implications for constitutional rights and civil liberties, even when we are not directly representing the client or parties named in the lawsuit.