NRS 34.590

Cases where imprisonment after discharge is permitted

Applied in 6 court decisions — leading case McGee v. Sheriff, Clark County (1970)

Most recently applied in State v. Sixth Judicial District Court of the State of Nevada Ex Rel. County of Humboldt (July 1998)

[29:93:1862; B § 377; BH § 3699; C § 3771; RL § 6254; NCL § 11403]

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

No person who has been discharged by the order of the judge upon habeas corpus issued pursuant to the provisions of this chapter shall be again imprisoned, restrained or kept in custody for the same cause, except in the following cases:

1. If the person shall have been discharged from custody on a criminal charge and be afterwards committed for the same offense by legal order or process.

2. If after a discharge for defect of proof, or for any defect of the process, warrant or commitment in a criminal case, the person be again arrested on sufficient proof and committed by legal process for the same offense.

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