Nevada Revised Statutes

Nev. Rev. Stat. § 176.505 (2026)

Order following appeal

✓ current as of July 2026
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NRS 176.505  Order following appeal.

      1.  When a remittitur showing the affirmation of a judgment of death has been filed with the clerk of the court from which the appeal has been taken, the court in which the conviction was obtained shall inquire into the facts, and, if no legal reasons exist prohibiting the execution of the judgment, shall make and enter an order requiring the Director of the Department of Corrections to execute the judgment at a specified time. The presence of the defendant in the court at the time the order of execution is made and entered, or the warrant is issued, is not required.

      2.  When an opinion, order dismissing appeal or other order upholding a sentence of death is issued by the appellate court of competent jurisdiction pursuant to chapter 34 or 177 of NRS, the court in which the sentence of death was obtained shall inquire into the facts and, if no legal reason exists prohibiting the execution of the judgment, shall make and enter an order requiring the Director of the Department of Corrections to execute the judgment during a specified week. The presence of the defendant in the court when the order of execution is made and entered, or the warrant is issued, is not required.

      3.  Notwithstanding the entry of a stay of issuance of a remittitur in the appellate court of competent jurisdiction following denial of appellate relief in a proceeding brought pursuant to chapter 34 or 177 of NRS, the court in which the conviction was obtained shall, upon application of the Attorney General or the district attorney of the county in which the conviction was obtained, cause another warrant to be drawn, signed by the judge and attested by the clerk under the seal of the court, and delivered to the Director of the Department of Corrections.

      (Added to NRS by 1967, 1442; A 1977, 863; 1989, 491; 2001 Special Session, 221; 2013, 1758)

NEW TRIAL OR MOTION TO VACATE JUDGMENT

     

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1979–2022 · leading case: Bishop v. State, 597 P.2d 273 (Nev. 1979).
Bishop v. State, 597 P.2d 273 (Nev. 1979). · cites it 4× “See NRS 176.505. [9] MOWBRAY, C.J., and THOMPSON, J.”
Floyd (Zane) v. Dist. Ct. (State) (Nev. 2022). · cites it 3× “495 and NRS 176.505. Floyd's related argument involving NRS 34.”
Floyd v. Daniels (D. Nev. 2021). · cites it 2× “Pursuant to Section 176.505, the State can seek an Order of Execution when 11 there are no longer any legal impediments—such as unresolved appellate or habeas disputes—to 12 the execution being carried out.”
— Nev. Rev. Stat. § 176.505(1) — 1 case
Floyd (Zane) v. Dist. Ct. (State) (Nev. 2022). “495 and NRS 176.505. Floyd's related argument involving NRS 34.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.