NRS
177.015 Appeals to district court, court of appeals and Supreme Court. The party aggrieved in a criminal action may
appeal only as follows:
1. Whether that party is the State or the
defendant:
(a) To the district court of the county from a
final judgment of the justice court.
(b) To the appellate court of competent
jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada
Constitution from an order of the district court granting a motion to dismiss,
a motion for acquittal or a motion in arrest of judgment, or granting or
refusing a new trial.
(c) To the appellate court of competent
jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada
Constitution from a determination of the district court about whether a
defendant is intellectually disabled that is made as a result of a hearing held
pursuant to NRS 174.098. If the
appellate court of competent jurisdiction entertains the appeal, it shall enter
an order staying the criminal proceedings against the defendant for such time
as may be required.
2. The State may, upon good cause shown,
appeal to the appellate court of competent jurisdiction pursuant to the rules
fixed by the Supreme Court pursuant to Section
4 of Article 6 of the Nevada Constitution from a pretrial order of the
district court granting or denying a motion to suppress evidence made pursuant
to NRS 174.125. Notice of the appeal
must be filed with the clerk of the district court within 2 judicial days and
with the Clerk of the Supreme Court within 5 judicial days after the ruling by
the district court. The clerk of the district court shall notify counsel for
the defendant or, in the case of a defendant without counsel, the defendant
within 2 judicial days after the filing of the notice of appeal. The appellate
court of competent jurisdiction may establish such procedures as it determines
proper in requiring the appellant to make a preliminary showing of the
propriety of the appeal and whether there may be a miscarriage of justice if
the appeal is not entertained. If the appellate court of competent jurisdiction
entertains the appeal, or if it otherwise appears necessary, it may enter an
order staying the trial for such time as may be required.
3. The defendant only may appeal from a
final judgment or verdict in a criminal case.
4. Except as otherwise provided in
subsection 3 of NRS 174.035, the
defendant in a criminal case shall not appeal a final judgment or verdict
resulting from a plea of guilty, guilty but mentally ill or nolo contendere
that the defendant entered into voluntarily and with a full understanding of
the nature of the charge and the consequences of the plea, unless the appeal is
based upon reasonable constitutional, jurisdictional or other grounds that
challenge the legality of the proceedings. The appellate court of competent
jurisdiction may establish procedures to require the defendant to make a
preliminary showing of the propriety of the appeal.
(Added to NRS by 1967,
1443; A 1971,
1450; 1973,
1489; 1981,
1705; 1991,
652; 1995,
1535; 1997,
645; 2003,
769, 1468;
2007,
1422; 2013,
687, 1758)
Notes of Decisions
Cited in
275
cases (
33 in the last 5 years), 1969–2025 · leading case:
Castillo v. State, 792 P.2d 1133 (Nev. 1990).
Castillo v. State, 792 P.2d 1133 (Nev. 1990).
· cites it 6× “According to appellant, when the juvenile court certifies a juvenile to stand trial as an adult, the juvenile court “merely transfers the prosecution to another ‘division’ of the same court.”
State v. Lewis, 178 P.3d 146 (Nev. 2008).
· cites it 9× “NRS 177.015 is the primary statute authorizing appeals in criminal cases.”
State v. Robles-Nieves, 306 P.3d 399 (Nev. 2013).
· cites it 19× “523, § 287, at 1443-44 (adopting NRS 177.015 without provision for interlocutory appeal from an order resolving a motion to suppress evidence); see also State v.”
Hargrove v. State, 686 P.2d 222 (Nev. 1984).
· cites it 4× “In response to our order for supplemental briefing of the appealability question, appellant contends that a post-conviction order denying a motion to withdraw a guilty plea is an order “refusing a new trial” within the meaning of NRS 177.015. We find this argument persuasive.”
Warren v. Eighth Jud. Dist. Court of Nev., 427 P.3d 1033 (Nev. 2018).
· cites it 13× “562(2), NRS 177.015(1)(a) authorizes the State to appeal from a justice court decision dismissing a criminal complaint charging felony and gross misdemeanor offenses because such a decision is a final judgment.”
Witter (william) Vs. State (death Penalty-direct), 2019 NV 55 (Nev. 2019).
· cites it 10× “First, the judgment of conviction in this case arose from a jury verdict that was appealable under NRS 177.015(3) regardless of any error with respect to restitution in the subsequently entered judgment of conviction.”
State v. Loyle, 692 P.2d 516 (Nev. 1985).
· cites it 7× “Respondent has moved to dismiss this appeal on the ground that appellant did not properly invoke the jurisdiction of this court under NRS 177.015(2). The motion is granted. Respondent was charged with possession of a controlled substance and possession of a controlled substance…”
Green v. State, 80 P.3d 93 (Nev. 2003).
“Although we conclude that the district court should have given an “unable to agree” instruction rather than an “acquittal first” instruction, we further conclude that this error does not constitute ‘ ‘plain error’ ’ as it did not affect Green’s substantial rights.”
Sturrock v. State, 604 P.2d 341 (Nev. 1979).
· cites it 4× “MOWBRAY, Chief Justice, dissenting: This Court has previously held that a criminal defendant's statutory right to post-conviction appellate review of any "intermediate order or proceeding," see NRS 177.015(2) and 177.045, is an "all-embracive" right, State v.”
— Nev. Rev. Stat. § 177.015(1) — 2 cases
— Nev. Rev. Stat. § 177.015(1)(a) — 5 cases
Warren v. Eighth Jud. Dist. Court of Nev., 427 P.3d 1033 (Nev. 2018).
“562(2), NRS 177.015(1)(a) authorizes the State to appeal from a justice court decision dismissing a criminal complaint charging felony and gross misdemeanor offenses because such a decision is a final judgment.”
— Nev. Rev. Stat. § 177.015(1)(b) — 22 cases
Castillo v. State, 792 P.2d 1133 (Nev. 1990).
“According to appellant, when the juvenile court certifies a juvenile to stand trial as an adult, the juvenile court “merely transfers the prosecution to another ‘division’ of the same court.”
State v. Lewis, 178 P.3d 146 (Nev. 2008).
“NRS 177.015 is the primary statute authorizing appeals in criminal cases.”
— Nev. Rev. Stat. § 177.015(1)(b)(2) — 1 case
— Nev. Rev. Stat. § 177.015(1)(c) — 1 case
— Nev. Rev. Stat. § 177.015(2) — 33 cases
State v. Robles-Nieves, 306 P.3d 399 (Nev. 2013).
“523, § 287, at 1443-44 (adopting NRS 177.015 without provision for interlocutory appeal from an order resolving a motion to suppress evidence); see also State v.”
State v. Loyle, 692 P.2d 516 (Nev. 1985).
“Respondent has moved to dismiss this appeal on the ground that appellant did not properly invoke the jurisdiction of this court under NRS 177.015(2). The motion is granted. Respondent was charged with possession of a controlled substance and possession of a controlled substance…”
Sturrock v. State, 604 P.2d 341 (Nev. 1979).
“MOWBRAY, Chief Justice, dissenting: This Court has previously held that a criminal defendant's statutory right to post-conviction appellate review of any "intermediate order or proceeding," see NRS 177.015(2) and 177.045, is an "all-embracive" right, State v.”
— Nev. Rev. Stat. § 177.015(3) — 128 cases
Castillo v. State, 792 P.2d 1133 (Nev. 1990).
“According to appellant, when the juvenile court certifies a juvenile to stand trial as an adult, the juvenile court “merely transfers the prosecution to another ‘division’ of the same court.”
Witter (william) Vs. State (death Penalty-direct), 2019 NV 55 (Nev. 2019).
“First, the judgment of conviction in this case arose from a jury verdict that was appealable under NRS 177.015(3) regardless of any error with respect to restitution in the subsequently entered judgment of conviction.”
Green v. State, 80 P.3d 93 (Nev. 2003).
“Although we conclude that the district court should have given an “unable to agree” instruction rather than an “acquittal first” instruction, we further conclude that this error does not constitute ‘ ‘plain error’ ’ as it did not affect Green’s substantial rights.”
— Nev. Rev. Stat. § 177.015(4) — 14 cases
— Nev. Rev. Stat. § 177.015(l)(a) — 4 cases
— Nev. Rev. Stat. § 177.015(l)(b) — 10 cases
Hargrove v. State, 686 P.2d 222 (Nev. 1984).
“In response to our order for supplemental briefing of the appealability question, appellant contends that a post-conviction order denying a motion to withdraw a guilty plea is an order “refusing a new trial” within the meaning of NRS 177.015. We find this argument persuasive.”
State v. Lewis, 178 P.3d 146 (Nev. 2008).
“NRS 177.015 is the primary statute authorizing appeals in criminal cases.”
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