Nevada Revised Statutes 178.4871 – Postconviction petitioner for habeas corpus: Limitations on release
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A person who has filed a postconviction petition for habeas corpus challenging a judgment of conviction or sentence:
Terms Used In Nevada Revised Statutes 178.4871
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
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.