Public-domain · open source
OpenJurist

NRS 178.4871

Postconviction petitioner for habeas corpus: Limitations on release

Applied in 1 court decision — leading case Bergna v. State (2004)

Most recently applied in Bergna v. State (December 2004)

(Added to NRS by 1987, 1232; A 1991, 91; 2023, 1638)

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.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.