Nevada Remedies; Special Actions and Proceedings

Sec. § 34.820
Procedure in cases where petitioner has been sentenced to death.


If a petitioner has been sentenced to death and the petition is the first one challenging the validity of the petitioner’s conviction or sentence, the court shall:


Appoint counsel to represent the petitioner; and


Stay execution of the judgment pending disposition of the petition and the appeal.


The petition must include the date upon which execution is scheduled, if it has been scheduled. The petitioner is not entitled to an evidentiary hearing unless the petition states that:


Each issue of fact to be considered at the hearing has not been determined in any prior evidentiary hearing in a state or federal court; or


For each issue of fact which has been determined in a prior evidentiary hearing, the hearing was not a full and fair consideration of the issue. The petition must specify all respects in which the hearing was inadequate.


If the petitioner has previously filed a petition for relief or for a stay of the execution in the same court, the petition must be assigned to the judge or justice who considered the previous matter.


The court shall inform the petitioner and the petitioner’s counsel that all claims which challenge the conviction or imposition of the sentence must be joined in a single petition and that any matter not included in the petition will not be considered in a subsequent proceeding.


If relief is granted or the execution is stayed, the clerk shall forthwith notify the respondent, the Attorney General and the district attorney of the county in which the petitioner was convicted.


If a district judge conducts an evidentiary hearing, a daily transcript must be prepared for the purpose of appellate review.


The judge or justice who considers a petition filed by a petitioner who has been sentenced to death shall make all reasonable efforts to expedite the matter and shall render a decision within 60 days after submission of the matter for decision.

Last accessed
Feb. 5, 2021