§ 176.491 — Stay of execution following denial of appeal

Nevada § 176.491

• Jurisdiction: Nevada
• Title 14: PROCEDURE IN CRIMINAL CASES
• Ch. 176: Judgment

Text

1. Upon the denial of any appeal pursuant to chapter 34 or 177 of NRS to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, the appellate court of competent jurisdiction shall dissolve any stay of execution previously entered. No stay of such execution may be entered or continued by the appellate court of competent jurisdiction 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 appellate court of competent jurisdiction 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 appellate court of competent jurisdiction 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 .

Legislative History

(Added to NRS by 1987, 1221 ; A 1989, 491 ; 2013, 1757 )