178.4871 - Postconviction petitioner for habeas corpus: Limitations on release. - Nevada Statutes

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Statutes > Nevada > Title-14 > Chapter-178 > Bail > 178-4871

178.4871 Postconviction petitioner for habeas corpus: Limitations on release. A person who has filed a postconviction petition for habeas corpus:

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)

State Codes and Statutes

Statutes > Nevada > Title-14 > Chapter-178 > Bail > 178-4871

178.4871 Postconviction petitioner for habeas corpus: Limitations on release. A person who has filed a postconviction petition for habeas corpus:

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)

State Codes and Statutes

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State Codes and Statutes

Statutes > Nevada > Title-14 > Chapter-178 > Bail > 178-4871

178.4871 Postconviction petitioner for habeas corpus: Limitations on release. A person who has filed a postconviction petition for habeas corpus:

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)