NRS 34.500
Grounds for discharge in certain cases.


If it appears on the return of the writ of habeas corpus that the petitioner is in custody by virtue of process from any court of this State, or judge or officer thereof, the petitioner may be discharged in any one of the following cases:

1.

When the jurisdiction of the court or officer has been exceeded.

2.

When the imprisonment was at first lawful, yet by some act, omission or event, which has taken place afterwards, the petitioner has become entitled to be discharged.

3.

When the process is defective in some matter of substance required by law, rendering it void.

4.

When the process, though proper in form, has been issued in a case not allowed by law.

5.

When the person having the custody of the petitioner is not the person allowed by law to detain the petitioner.

6.

Where the process is not authorized by any judgment, order or decree of any court, nor by any provision of law.

7.

Where the petitioner has been committed or indicted on a criminal charge, including a misdemeanor, except misdemeanor violations of chapters 484A to 484E, inclusive, of NRS or any ordinance adopted by a city or county to regulate traffic, without reasonable or probable cause.

8.

Where the petitioner has been committed or indicted on any criminal charge under a statute or ordinance that is unconstitutional, or if constitutional on its face is unconstitutional in its application.

9.

Where the court finds that there has been a specific denial of the petitioner’s constitutional rights with respect to the petitioner’s conviction or sentence in a criminal case.

Source: Section 34.500 — Grounds for discharge in certain cases., https://www.­leg.­state.­nv.­us/NRS/NRS-034.­html#NRS034Sec500.

34.360
Persons who may prosecute writ.
34.370
Application for writ
34.390
Judge to grant writ without delay
34.400
Contents of writ.
34.410
Service of writ.
34.420
Proceedings upon disobedience of writ.
34.430
Return and answer: Service and filing
34.440
Person served must bring body of person in custody
34.450
Sickness or infirmity of party restrained
34.470
Answer to return
34.480
If no legal cause shown, judge shall discharge person from custody.
34.500
Grounds for discharge in certain cases.
34.510
Defect of form in warrant or commitment not ground for discharge.
34.520
If charge defectively set forth in process or warrant, judge shall examine witnesses and discharge or recommit person.
34.530
Writ for purposes of bail.
34.540
Bail in habeas corpus proceedings.
34.550
Judge to remand to custody if party not entitled to discharge or is not bailed.
34.560
Judge may order change of custody
34.570
Pending judgment on proceedings, judge may commit or place in custody.
34.575
Appeal from order of district court granting or denying writ.
34.580
Defect of form in writ immaterial.
34.590
Cases where imprisonment after discharge is permitted.
34.600
In certain cases warrant may issue instead of writ.
34.610
Judge may include in warrant order for arrest of person charged with illegal detention.
34.620
Execution of warrant.
34.630
Return, answer and hearing on warrant.
34.640
Party may be discharged or remanded.
34.650
Writ of process may issue on Sunday or nonjudicial day.
34.660
Clerk to issue writs, warrants, processes and subpoenas
34.670
Damages recoverable for failure to issue or obey writ.
34.680
Penalties for custodian or accessory disobeying or avoiding writ.
Last Updated

Jun. 24, 2021

§ 34.500’s source at nv​.us