Postconviction petitioner for habeas corpus: Limitations on release.

NRS

178.4871

Postconviction petitioner for habeas corpus: Limitations on release.

A person who has filed a postconviction petition for habeas corpus challenging a judgment of conviction or sentence:

1. Must not in any case be released on the person’s own recognizance.

2. Must not be admitted to bail pending a review of the petition unless:

(a) The petition is filed in the proper jurisdiction;

(b) The petition presents substantial questions of law or fact and does not appear to be barred procedurally;

(c) The petitioner has made out a clear case on the merits; and

(d) There are exceptional circumstances deserving of special treatment in the interests of justice.

(Added to NRS by 1987, 1232 ; A 1991, 91 ; 2023, 1638 )