Nevada Revised Statutes 176.425 – Sanity investigation: Filing of petition; stay of execution
1. If, after judgment of death, there is a good reason to believe that the defendant has become insane, the Director of the Department of Corrections to whom the convicted person has been delivered for execution may by a petition in writing, verified by a physician, petition a district judge of the district court of the county in which the state prison is situated, alleging the present insanity of such person, whereupon such judge shall:
Terms Used In Nevada Revised Statutes 176.425
- Conviction: A judgement of guilt against a criminal defendant.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
(a) Fix a day for a hearing to determine whether the convicted person is insane;
(b) Appoint two psychiatrists, two psychologists, or one psychiatrist and one psychologist, to examine the convicted person; and
(c) Give immediate notice of the hearing to the Attorney General and to the district attorney of the county in which the conviction was had.
2. If the judge determines that the hearing on and the determination of the sanity of the convicted person cannot be had before the date of the execution of such person, the judge may stay the execution of the judgment of death pending the determination of the sanity of the convicted person.