2010 Nevada Code
TITLE 14 PROCEDURE IN CRIMINAL CASES
Chapter 176 Judgment and Execution
NRS 176.491 Stay of execution following denial of appeal.
NRS 176.491 Stay of execution following denial of appeal.
1. Upon the denial of any appeal to the Supreme Court pursuant to chapter 34 or 177 of NRS, the Supreme Court shall dissolve any stay of execution previously entered. No stay of such execution may be entered or continued by the Supreme Court after the denial of an appeal pending the filing of a petition with a federal court or a petition for a writ of certiorari with the Supreme Court of the United States.
2. The entry of a stay of issuance of a remittitur in the Supreme Court does not prohibit the application of or the issuance of a warrant of execution by the district court in which the conviction was obtained.
3. To stay the execution of a sentence of death following the denial of any appeal to the Supreme Court pursuant to chapter 34 or 177 of NRS, a person under sentence of death must:
(a) Apply for and obtain a stay in the federal court in which the person applies for a writ of certiorari or habeas corpus; or
(b) Obtain a stay of execution pursuant to NRS 176.487.
(Added to NRS by 1987, 1221; A 1989, 491)
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