NRS: CHAPTER 177 - APPEALS AND REMEDIES AFTER CONVICTION

[Rev. 7/10/2024 10:38:55 AM--2023]

CHAPTER 177 - APPEALS AND REMEDIES AFTER CONVICTION

APPEALS: WHEN ALLOWED, HOW TAKEN AND EFFECT THEREOF

NRS 177.015 Appeals to district court, court of appeals and Supreme Court.

NRS 177.025 Appeal to court of appeals or Supreme Court taken on questions of law alone.

NRS 177.035 Designation of parties on appeal.

NRS 177.045 Intermediate order or proceeding may be reviewed on appeal.

NRS 177.055 Automatic appeal in certain cases; mandatory review of death sentence by court of appeals or Supreme Court.

NRS 177.075 Appeal to court of appeals or Supreme Court: Notice.

NRS 177.085 Effect of appeal by State.

NRS 177.095 Stay of execution upon sentence of death.

NRS 177.105 Stay of execution upon sentence of imprisonment.

NRS 177.115 Stay of execution upon fine.

NRS 177.125 Stay of probation.

NRS 177.135 Admission to bail upon appeal.

NRS 177.145 Application for relief pending review.

NRS 177.155 Supervision of appeal.

NRS 177.165 Preparation of record and papers on appeal.

DISMISSAL OR ARGUMENT OF APPEAL

NRS 177.205 Dismissal by court of appeals or Supreme Court.

NRS 177.215 Date for argument.

JUDGMENT UPON APPEAL

NRS 177.225 Judgment may be affirmed but cannot be reversed without argument.

NRS 177.235 Number of counsel in argument on appeal.

NRS 177.245 Defendant need not be present.

NRS 177.255 Court to give judgment without regard to technical errors.

NRS 177.265 Determination of appeal.

NRS 177.275 Defendant to be discharged on reversal without ordering new trial.

NRS 177.285 Judgment to be executed on affirmance.

NRS 177.305 Jurisdiction of court of appeals or Supreme Court to cease after certificate of judgment remitted.

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APPEALS: WHEN ALLOWED, HOW TAKEN AND EFFECT THEREOF

NRS 177.015 Appeals to district court, court of appeals and Supreme Court. The party aggrieved in a criminal action may appeal only as follows:

1. Whether that party is the State or the defendant:

(a) To the district court of the county from a final judgment of the justice court.

(b) 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 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 refusing a new trial.

(c) 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 from a determination of the district court about whether a defendant is intellectually disabled that is made as a result of a hearing held pursuant to NRS 174.098. If the appellate court of competent jurisdiction entertains the appeal, it shall enter an order staying the criminal proceedings against the defendant for such time as may be required.

2. The State may, upon good cause shown, appeal 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 from a pretrial order of the district court granting or denying a motion to suppress evidence made pursuant to NRS 174.125. Notice of the appeal must be filed with the clerk of the district court within 2 judicial days and with the Clerk of the Supreme Court within 5 judicial days after the ruling by the district court. The clerk of the district court shall notify counsel for the defendant or, in the case of a defendant without counsel, the defendant within 2 judicial days after the filing of the notice of appeal. The appellate court of competent jurisdiction may establish such procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of the appeal and whether there may be a miscarriage of justice if the appeal is not entertained. If the appellate court of competent jurisdiction entertains the appeal, or if it otherwise appears necessary, it may enter an order staying the trial for such time as may be required.

3. The defendant only may appeal from a final judgment or verdict in a criminal case.

4. Except as otherwise provided in subsection 3 of NRS 174.035, the defendant in a criminal case shall not appeal a final judgment or verdict resulting from a plea of guilty, guilty but mentally ill or nolo contendere that the defendant entered into voluntarily and with a full understanding of the nature of the charge and the consequences of the plea, unless the appeal is based upon reasonable constitutional, jurisdictional or other grounds that challenge the legality of the proceedings. The appellate court of competent jurisdiction may establish procedures to require the defendant to make a preliminary showing of the propriety of the appeal.

(Added to NRS by 1967, 1443; A 1971, 1450; 1973, 1489; 1981, 1705; 1991, 652; 1995, 1535; 1997, 645; 2003, 769, 1468; 2007, 1422; 2013, 687, 1758)

NRS 177.025 Appeal to court of appeals or Supreme Court taken on questions of law alone. The appeal 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 from the district court can be taken on questions of law alone.

(Added to NRS by 1967, 1444; A 2013, 1759)

NRS 177.035 Designation of parties on appeal. The party appealing shall be known as the appellant, and the adverse party as the respondent, but the title of the action is not changed by reason of the appeal.

(Added to NRS by 1967, 1444)

NRS 177.045 Intermediate order or proceeding may be reviewed on appeal. Upon the appeal, any decision of the court in an intermediate order or proceeding, forming a part of the record, may be reviewed.

(Added to NRS by 1967, 1444)

NRS 177.055 Automatic appeal in certain cases; mandatory review of death sentence by court of appeals or Supreme Court.

1. When upon a plea of not guilty or not guilty by reason of insanity a judgment of death is entered, an appeal is deemed automatically taken by the defendant without any action by the defendant or the defendant’s counsel, unless the defendant or the defendant’s counsel affirmatively waives the appeal within 30 days after the rendition of the judgment.

2. Whether or not the defendant or the defendant’s counsel affirmatively waives the appeal, the sentence must be reviewed on the record by 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, which shall consider, in a single proceeding, if an appeal is taken:

(a) Any errors enumerated by way of appeal;

(b) If a court determined that the defendant is not intellectually disabled during a hearing held pursuant to NRS 174.098, whether that determination was correct;

(d) Whether the sentence of death was imposed under the influence 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 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, when reviewing a death sentence, may:

(a) Affirm the sentence of death;

(b) Set the sentence aside and remand the case for a new penalty hearing before a newly impaneled jury; or

(Added to NRS by 1967, 1444; A 1977, 1545; 1985, 1597; 1995, 2456; 2003, 770, 1468, 2084; 2013, 688, 1759)

NRS 177.075 Appeal to court of appeals or Supreme Court: Notice.

1. Except where appeal is automatic, an appeal from a district court 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 is taken by filing a notice of appeal with the clerk of the district court. Bills of exception and assignments of error in cases governed by this chapter are abolished.

2. When a court imposes sentence upon a defendant who has not pleaded guilty or guilty but mentally ill and who is without counsel, the court shall advise the defendant of the right to appeal, and if the defendant so requests, the clerk shall prepare and file forthwith a notice of appeal on the defendant’s behalf.

3. A notice of appeal must be signed:

(a) By the appellant or appellant’s attorney; or

(b) By the clerk if prepared by the clerk.

(Added to NRS by 1967, 1444; A 1971, 149; 1985, 62; 1995, 2457; 2003, 1469; 2007, 1423; 2013, 1760)

NRS 177.085 Effect of appeal by State.

1. An appeal taken by the State shall in no case stay or affect the operation of a judgment in favor of the defendant; but if the appeal by the State is from an order granting a motion to set aside an indictment or information, and upon such appeal the order is reversed, the defendant shall thereupon be liable to arrest and trial upon the indictment or information. In all such cases any statute of limitations on the offense from which the appeal is taken is tolled from the time the notice of appeal is filed by the State until such appeal is heard and a ruling made thereon.

2. If the appeal by the State is from an order allowing 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 judgment against the defendant.

(Added to NRS by 1967, 1444; A 1969, 106)

NRS 177.095 Stay of execution upon sentence of death. A sentence of death shall be stayed if an appeal is taken.

(Added to NRS by 1967, 1445)

NRS 177.105 Stay of execution upon sentence of imprisonment. A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is admitted to bail.

(Added to NRS by 1967, 1445)

NRS 177.115 Stay of execution upon fine. A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by a Justice Court, district court, the Court of Appeals or by the Supreme Court upon such terms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or any part of the fine and costs in the registry of the court appealed from, or to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating the defendant’s assets.

(Added to NRS by 1967, 1445; A 2013, 1760)

NRS 177.125 Stay of probation. An order placing the defendant on probation may be stayed if an appeal is taken.

(Added to NRS by 1967, 1445)

NRS 177.135 Admission to bail upon appeal. Admission to bail upon appeal shall be as provided in this title.

(Added to NRS by 1967, 1445)

NRS 177.145 Application for relief pending review. If application is made to a district court, the Court of Appeals or a justice of the Supreme Court for bail pending appeal or for an extension of time for filing the record on appeal or for any other relief which might have been granted by the trial court, the application shall be upon notice and shall show that:

1. Application to the court below or a judge thereof is not practicable;

2. Application has been made and denied, with the reasons given for the denial; or

3. The action on the application did not afford the relief to which the applicant considers himself or herself to be entitled.

(Added to NRS by 1967, 1445; A 2013, 1760)

NRS 177.155 Supervision of appeal. The supervision and control of the proceedings on appeal shall be in the appellate court from the time the notice of appeal is filed with its clerk, except as otherwise provided in this title. The appellate court may at any time entertain a motion to dismiss the appeal, or for directions to the trial court, or to modify or vacate any order made by the trial court or by any judge or justice of the peace in relation to the prosecution of the appeal, including any order fixing or denying bail.

(Added to NRS by 1967, 1445)

NRS 177.165 Preparation of record and papers on appeal. All appeals from a district court 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 shall be heard on the original papers and the reporter’s transcript of evidence or proceedings. The form and manner of preparation of the record and of other papers filed may be prescribed by the appellate court of competent jurisdiction, and to the extent not otherwise so prescribed shall conform to the practice in civil cases.

(Added to NRS by 1967, 1445; A 2013, 1760)

DISMISSAL OR ARGUMENT OF APPEAL

NRS 177.205 Dismissal by court of appeals or Supreme Court. 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 may, on its own motion or on motion of the respondent, dismiss an appeal:

1. If the appeal is irregular in any substantial particular.

2. If the appellant has failed to comply with the requirements for docketing of the record on appeal or filing briefs, unless for good cause shown an extension is granted.

(Added to NRS by 1967, 1446; A 1985, 63; 2013, 1761)

NRS 177.215 Date for argument. Unless good cause is shown for an earlier hearing, 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 shall set the appeal for argument on a date not less than 30 days after the expiration of the time limited for filing briefs and as soon thereafter as the state of the calendar will permit. Preference shall be given to appeals in criminal cases over appeals in civil cases.

(Added to NRS by 1967, 1446; A 2013, 1761)

JUDGMENT UPON APPEAL

NRS 177.225 Judgment may be affirmed but cannot be reversed without argument. Judgment of affirmance may be granted without argument, if the appellant fail to appear. But judgment of reversal can only be given upon argument, orally or upon written brief, though the respondent fail to appear.

(Added to NRS by 1967, 1446)

NRS 177.235 Number of counsel in argument on appeal. Upon the argument of the appeal, if the offense is punishable with death, two counsel shall be heard on each side, if they require it. In any other case the Court may, in its discretion, restrict the argument to one counsel on each side.

(Added to NRS by 1967, 1446)

NRS 177.245 Defendant need not be present. The defendant need not personally appear in the appellate court of competent jurisdiction.

(Added to NRS by 1967, 1446; A 2013, 1761)

NRS 177.255 Court to give judgment without regard to technical errors. After hearing the appeal, the Court shall give judgment without regard to technical error or defect which does not affect the substantial rights of the parties.

(Added to NRS by 1967, 1446)

NRS 177.265 Determination of appeal. 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 may reverse, affirm, or modify the judgment appealed from, and may, if necessary or proper, order a new trial.

(Added to NRS by 1967, 1447; A 2013, 1761)

NRS 177.275 Defendant to be discharged on reversal without ordering new trial. If a judgment against the defendant is reversed, without ordering a new trial, the appellate court of competent jurisdiction shall direct, if the defendant is in custody, that the defendant be discharged therefrom, or if admitted to bail, that the defendant’s bail be exonerated, or if money be deposited instead of bail, that it be refunded to the defendant.

(Added to NRS by 1967, 1447; A 2013, 1761)

NRS 177.285 Judgment to be executed on affirmance. On a judgment of affirmance against the defendant, the original judgment shall be carried into execution, as the appellate court of competent jurisdiction shall direct.

(Added to NRS by 1967, 1447; A 2013, 1761)

NRS 177.305 Jurisdiction of court of appeals or Supreme Court to cease after certificate of judgment remitted. After the certificate of judgment has been remitted, the appellate court of competent jurisdiction shall have no further jurisdiction of the appeal or of the proceedings thereon, and all orders which may be necessary to carry the judgment into effect shall be made by the court to which the certificate is remitted.

(Added to NRS by 1967, 1447; A 2013, 1761)