2005 Nevada Revised Statutes - Chapter 177 — Appeals and Remedies After Conviction
CHAPTER 177 - APPEALS AND REMEDIES AFTERCONVICTION
APPEALS: WHEN ALLOWED, HOW TAKEN AND EFFECT THEREOF
NRS 177.015 Appealsto district court and Supreme Court.
NRS 177.025 Appealto Supreme Court taken on questions of law alone.
NRS 177.035 Designationof parties on appeal.
NRS 177.045 Intermediateorder or proceeding may be reviewed on appeal.
NRS 177.055 Automaticappeal in certain cases; mandatory review of death sentence by Supreme Court.
NRS 177.075 Appealto Supreme Court: Notice.
NRS 177.085 Effectof appeal by State.
NRS 177.095 Stayof execution upon sentence of death.
NRS 177.105 Stayof execution upon sentence of imprisonment.
NRS 177.115 Stayof execution upon fine.
NRS 177.125 Stayof probation.
NRS 177.135 Admissionto bail upon appeal.
NRS 177.145 Applicationfor relief pending review.
NRS 177.155 Supervisionof appeal.
NRS 177.165 Preparationof record and papers on appeal.
DISMISSAL OR ARGUMENT OF APPEAL
NRS 177.205 Dismissalby Supreme Court.
NRS 177.215 Datefor argument.
JUDGMENT UPON APPEAL
NRS 177.225 Judgmentmay be affirmed but cannot be reversed without argument.
NRS 177.235 Numberof counsel in argument on appeal.
NRS 177.245 Defendantneed not be present.
NRS 177.255 Courtto give judgment without regard to technical errors.
NRS 177.265 Determinationof appeal.
NRS 177.267 Timewithin which Supreme Court shall render opinion on appeal from judgment ofdeath.
NRS 177.275 Defendantto be discharged on reversal without ordering new trial.
NRS 177.285 Judgmentto be executed on affirmance.
NRS 177.305 Jurisdictionof Supreme Court to cease after certificate of judgment remitted.
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APPEALS: WHEN ALLOWED, HOW TAKEN AND EFFECT THEREOF
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1. Whether that party is the State or the defendant:
(a) To the district court of the county from a finaljudgment of the Justice Court.
(b) To theSupreme Court from an order of the district court granting a motion to dismiss,a motion for acquittal or a motion in arrest of judgment, or granting or refusinga new trial.
(c) To the Supreme Court from a determination of thedistrict court about whether a defendant is mentally retarded that is made as aresult of a hearing held pursuant to NRS174.098. If the Supreme Court entertains the appeal, it shall enter an orderstaying the criminal proceedings against the defendant for such time as may berequired.
2. The State may, upon good cause shown, appeal to theSupreme Court from a pretrial order of the district court granting or denying amotion to suppress evidence made pursuant to NRS174.125. Notice of the appeal must be filed with the clerk of the districtcourt within 2 judicial days and with the Clerk of the Supreme Court within 5judicial days after the ruling by the district court. The clerk of the districtcourt shall notify counsel for the defendant or, in the case of a defendantwithout counsel, the defendant within 2 judicial days after the filing of thenotice of appeal. The Supreme Court may establish such procedures as itdetermines proper in requiring the appellant to make a preliminary showing ofthe propriety of the appeal and whether there may be a miscarriage of justiceif the appeal is not entertained. If the Supreme Court entertains the appeal,or if it otherwise appears necessary, it may enter an order staying the trialfor such time as may be required.
3. The defendant only may appeal from a final judgmentor verdict in a criminal case.
4. Except as otherwise provided in subsection 3 of
(Added to NRS by 1967, 1443; A 1971, 1450; 1973,1489; 1981, 1705; 1991, 652; 1995, 1535; 1997, 645;
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(Added to NRS by 1967, 1444)
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(Added to NRS by 1967, 1444)
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(Added to NRS by 1967, 1444)
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1. When upon a plea of not guilty or not guilty byreason of insanity a judgment of death is entered, an appeal is deemedautomatically taken by the defendant without any action by him or his counsel,unless the defendant or his counsel affirmatively waives the appeal within 30days after the rendition of the judgment.
2. Whether or not the defendant or his counselaffirmatively waives the appeal, the sentence must be reviewed on the record bythe Supreme Court, which shall consider, in a single proceeding, if an appealis taken:
(a) Any errors enumerated by way of appeal;
(b) If a courtdetermined that the defendant is not mentally retarded during a hearing heldpursuant to NRS 174.098, whether thatdetermination was correct;
(c) Whether the evidence supports the finding of anaggravating circumstance or circumstances;
(d) Whether the sentence of death was imposed under theinfluence of passion, prejudice or any arbitrary factor; and
(e) Whether the sentence of death is excessive,considering both the crime and the defendant.
3. The Supreme Court, when reviewing a death sentence,may:
(a) Affirm the sentence of death;
(b) Set the sentence aside and remand the case for anew penalty hearing before a newly impaneled jury; or
(c) Set aside the sentence of death and impose thesentence of imprisonment for life without possibility of parole.
(Added to NRS by 1967, 1444; A 1977, 1545; 1985,1597; 1995, 2456; 2003,770, 1468,
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1. Except where appeal is automatic, an appeal from adistrict court to the Supreme Court is taken by filing a notice of appeal withthe clerk of the district court. Bills of exception and assignments of error incases governed by this chapter are abolished.
2. When a court imposes sentence upon a defendant whohas not pleaded guilty and who is without counsel, the court shall advise thedefendant of his right to appeal, and if he so requests, the clerk shallprepare and file forthwith a notice of appeal on his behalf.
3. A notice of appeal must be signed:
(a) By the appellant or appellants attorney; or
(b) By the clerk if prepared by him.
(Added to NRS by 1967, 1444; A 1971, 149; 1985, 62;1995, 2457; 2003,1469)
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1. An appeal taken by the State shall in no case stayor affect the operation of a judgment in favor of the defendant; but if the appealby the State is from an order granting a motion to set aside an indictment orinformation, and upon such appeal the order is reversed, the defendant shallthereupon be liable to arrest and trial upon the indictment or information. Inall such cases any statute of limitations on the offense from which the appealis taken is tolled from the time the notice of appeal is filed by the Stateuntil such appeal is heard and a ruling made thereon.
2. If the appeal by the State is from an orderallowing a motion in arrest of judgment, or granting a motion for a new trial,and upon appeal the order is reversed, the trial court shall enter judgmentagainst the defendant.
(Added to NRS by 1967, 1444; A 1969, 106)
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(Added to NRS by 1967, 1445)
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(Added to NRS by 1967, 1445)
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1. Application to the court below or a judge thereofis not practicable;
2. Application has been made and denied, with thereasons given for the denial; or
3. The action on the application did not afford therelief to which the applicant considers himself to be entitled.
(Added to NRS by 1967, 1445)
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(Added to NRS by 1967, 1445)
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(Added to NRS by 1967, 1445)
DISMISSAL OR ARGUMENT OF APPEAL
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1. If the appeal is irregular in any substantialparticular.
2. If the appellant has failed to comply with therequirements for docketing of the record on appeal or filing briefs, unless forgood cause shown an extension is granted.
(Added to NRS by 1967, 1446; A 1985, 63)
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(Added to NRS by 1967, 1446)
JUDGMENT UPON APPEAL
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(Added to NRS by 1967, 1446)
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(Added to NRS by 1967, 1446)
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(Added to NRS by 1967, 1446)
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(Added to NRS by 1967, 1447)
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1. An appeal to the Supreme Court from a judgment ofdeath or the review of such a judgment by that Court must be decided and anopinion rendered within 150 days after the Court has received the record onappeal from the clerk of the sentencing court. If an opinion is not renderedwithin that time, the Chief Justice of the Supreme Court shall state on therecord the reasons which caused the delay and the facts supporting thosereasons.
2. Any failure of the Court to comply with therequirements of this section is not a ground for setting aside the judgment ofdeath.
(Added to NRS by 1985, 388)
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(Added to NRS by 1967, 1447)
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(Added to NRS by 1967, 1447)
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(Added to NRS by 1967, 1447)
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