Nev. Rev. Stat. § 178.4871

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 178.4871 - Postconviction petitioner for habeas corpus: Limitations on release

A person who has filed a postconviction petition for habeas corpus challenging a judgment of conviction or sentence:

1. Must not in any case be released on the person's own recognizance.
2. Must not be admitted to bail pending a review of the petition unless:
(a) The petition is filed in the proper jurisdiction;
(b) The petition presents substantial questions of law or fact and does not appear to be barred procedurally;
(c) The petitioner has made out a clear case on the merits; and
(d) There are exceptional circumstances deserving of special treatment in the interests of justice.

NRS 178.4871

Added to NRS by 1987, 1232; A 1991, 91; 2023, 1638
Amended by 2023, Ch. 249,§24.5, eff. 7/1/2023.
Added to NRS by 1987, 1232; A 1991, 91
See 2023, Ch. 249, §25.