NRS
174.061 Plea bargaining: General requirements; prohibited agreements.
1. If a prosecuting attorney enters into
an agreement with a defendant in which the defendant agrees to testify against
another defendant in exchange for a plea of guilty, guilty but mentally ill or
nolo contendere to a lesser charge or for a recommendation of a reduced
sentence, the agreement:
(a) Is void if the defendant’s testimony is
false.
(b) Must be in writing and include a statement
that the agreement is void if the defendant’s testimony is false.
2. A prosecuting attorney shall not enter
into an agreement with a defendant which:
(a) Limits the testimony of the defendant to a
predetermined formula.
(b) Is contingent on the testimony of the
defendant contributing to a specified conclusion.
(Added to NRS by 1991,
291; A 1995,
2450; 2003,
1458; 2007,
1406)
Notes of Decisions
Cited in
4
cases, 1995–2020 · leading case:
Sessions v. State, 890 P.2d 792 (Nev. 1995).
Sessions v. State, 890 P.2d 792 (Nev. 1995).
· cites it 9× “The district judge concluded that the controversial provision conformed to the requirements of NRS 174.061. 3 In connection with the agreement given to the jury for inspection, the district court instructed the jury as follows: You are hereby advised that GERARDO RODON was a…”
Leslie v. State, 952 P.2d 966 (Nev. 1998).
· cites it 2× “This requirement is in accord with NRS 174.061(1)(b), which states that if a defendant agrees to testify for the prosecution against another defendant in exchange for a reduced sentence, the agreement "[m]ust be in writing and include a statement that the agreement is void if…”
Hemingway (Peyton) Vs. State, 471 P.3d 754 (Nev. 2020).
“" See NRS 174.061(2). Rather, Allen testified that she was not told what to say and was told to tell the truth.”
Reeves v. State, 944 P.2d 795 (Nev. 1997).
“On a plea of guilty to an information or indictment accusing a defendant of a crime divided into degrees, when consented to by the prosecuting attorney in open court and approved by the court, the plea may specify the degree, and in such event the defendant shall not be punished…”
— Nev. Rev. Stat. § 174.061(1)(b) — 1 case
Leslie v. State, 952 P.2d 966 (Nev. 1998).
“This requirement is in accord with NRS 174.061(1)(b), which states that if a defendant agrees to testify for the prosecution against another defendant in exchange for a reduced sentence, the agreement "[m]ust be in writing and include a statement that the agreement is void if…”
— Nev. Rev. Stat. § 174.061(2) — 1 case
Hemingway (Peyton) Vs. State, 471 P.3d 754 (Nev. 2020).
“" See NRS 174.061(2). Rather, Allen testified that she was not told what to say and was told to tell the truth.”
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