Nev. Rev. Stat. » NRS: CHAPTER 177 - APPEALS AND REMEDIES AFTER CONVICTION
Nevada Revised Statutes

Nev. Rev. Stat. § 177.055 (2026)

Automatic appeal in certain cases; mandatory review of death sentence by court of appeals or Supreme Court

✓ current as of July 2026
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NRS 177.055  Automatic appeal in certain cases; mandatory review of death sentence by court of appeals or Supreme Court.

      1.  When upon a plea of not guilty or not guilty by reason of insanity a judgment of death is entered, an appeal is deemed automatically taken by the defendant without any action by the defendant or the defendant’s counsel, unless the defendant or the defendant’s counsel affirmatively waives the appeal within 30 days after the rendition of the judgment.

      2.  Whether or not the defendant or the defendant’s counsel affirmatively waives the appeal, the sentence must be reviewed on the record by 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, which shall consider, in a single proceeding, if an appeal is taken:

      (a) Any errors enumerated by way of appeal;

      (b) If a court determined that the defendant is not intellectually disabled during a hearing held pursuant to NRS 174.098, whether that determination was correct;

      (c) Whether the evidence supports the finding of an aggravating circumstance or circumstances;

      (d) Whether the sentence of death was imposed under the influence of passion, prejudice or any arbitrary factor; and

      (e) Whether the sentence of death is excessive, considering both the crime and the defendant.

      3.  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, when reviewing a death sentence, may:

      (a) Affirm the sentence of death;

      (b) Set the sentence aside and remand the case for a new penalty hearing before a newly impaneled jury; or

      (c) Set aside the sentence of death and impose the sentence of imprisonment for life without possibility of parole.

      (Added to NRS by 1967, 1444; A 1977, 1545; 1985, 1597; 1995, 2456; 2003, 770, 1468, 2084; 2013, 688, 1759)

     

Notes of Decisions
Cited in 156 cases (1 in the last 5 years), 1979–2022 · leading case: Hollaway v. State, 6 P.3d 987 (Nev. 2000).
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Hollaway v. State, 6 P.3d 987 (Nev. 2000). · cites it 18× “The district court clerk sent this court the record on appeal, pursuant to NRS 177.055(1). Pursuant to this court's order, the district court appointed counsel to represent Hollaway in this appeal.”
Rhyne v. State, 38 P.3d 163 (Nev. 2002). · cites it 6× “Mandatory review of death sentence pursuant to NRS 177.055 NRS 177.055(2) requires this court to conduct a review of the death sentence to evaluate: whether the evidence supports the finding of the aggravating circumstances; whether the sentence was imposed under the influence…”
Servin v. State, 32 P.3d 1277 (Nev. 2001). · cites it 10× “After a mandatory review of the death sentence pursuant to NRS 177.055(2), however, we conclude that the imposition of the death penalty is excessive, and vacate the sentence and impose two consecutive terms of life in prison without the possibility of parole.”
Jeremias v. State, 412 P.3d 43 (Nev. 2018). · cites it 3× “They had both been shot in the head, and it appeared they had been robbed. A witness who lived in the same apartment complex told law enforcement that she saw two men, one with light skin and one with darker skin, near the scene around the time of the murders.”
Butler v. State, 102 P.3d 71 (Nev. 2004). · cites it 6× “NRS 177.055(2) requires this court to review every death sentence and consider, among other things, whether it "was imposed under the influence of passion, prejudice or any arbitrary factor.”
Nunnery v. State, 263 P.3d 235 (Nev. 2011). · cites it 4× “We then turn to the guilt-phase issues and, finally, conclude with our mandatory review of the death sentence under NRS 177.055(2). Penalty-phase claims Notice of evidence in aggravation under SCR 250(4) (f) In a case in which the death penalty is sought, the State is required…”
McConnell v. State, 212 P.3d 307 (Nev. 2009). · cites it 4× “*255 Mandatory review of death sentences McConnell contends that the district court erred in rejecting his ineffective-assistance claim based on appellate counsel’s failure to argue that this court has not articulated any standards for its mandatory review of death sentences…”
Blake v. State, 121 P.3d 567 (Nev. 2005). · cites it 4× “Mandatory statutory review of the death penalty NRS 177.055(2) requires this court to review every death sentence and independently consider: *581 (c) Whether the evidence supports the finding of an aggravating circumstance or circumstances; (d) Whether the sentence of death was…”
State v. Bland, 958 S.W.2d 651 (Tenn. 1997). · cites it 2× “Nev.Rev.Stat. § 177.055(2)(d); New Hampshire, N.”
Belcher, Jr. (norman) Vs. State (death Penalty-direct), 2020 NV 31 (Nev. 2020). · cites it 4× “Mandatory review of death sentence NRS 177.055(2)(c)-(e) requires this court to determine whether the evidence supports the aggravating circumstances found; "[w]hether the sentence of death was imposed under the influence of passion, prejudice or any arbitrary facto?, and…”
Byford v. State, 994 P.2d 700 (Nev. 2000). · cites it 4× “Review of the death sentence under NRS 177.055. NRS 177.055(2), in part, requires this court to review: (c) Whether the sentence of death was imposed under the influence of passion, prejudice or any arbitrary factor; and (d) Whether the sentence of death is excessive,…”
Deutscher v. State, 601 P.2d 407 (Nev. 1979). · cites it 6× “amendment right to silence was violated due to witness and prosecutorial misconduct; (6) prejudicial privileged and hearsay evidence should not have been admitted; (7) the trial court erred in its refusal to order a police officer to disclose his home address; (8) the evidence…”
Show all 156 citing cases →
— Nev. Rev. Stat. § 177.055(1) — 6 cases
Hollaway v. State, 6 P.3d 987 (Nev. 2000). “The district court clerk sent this court the record on appeal, pursuant to NRS 177.055(1). Pursuant to this court's order, the district court appointed counsel to represent Hollaway in this appeal.”
Flanagan v. State, 771 P.2d 588 (Nev. 1989).
Abdullah v. State, 294 P.3d 419 (Nev. 2013).
Rodriguez v. State, 32 P.3d 773 (Nev. 2001).
Kirksey v. State, 814 P.2d 1008 (Nev. 1991).
— Nev. Rev. Stat. § 177.055(2) — 92 cases
Jeremias v. State, 412 P.3d 43 (Nev. 2018). “They had both been shot in the head, and it appeared they had been robbed. A witness who lived in the same apartment complex told law enforcement that she saw two men, one with light skin and one with darker skin, near the scene around the time of the murders.”
Hollaway v. State, 6 P.3d 987 (Nev. 2000). “The district court clerk sent this court the record on appeal, pursuant to NRS 177.055(1). Pursuant to this court's order, the district court appointed counsel to represent Hollaway in this appeal.”
McConnell v. State, 212 P.3d 307 (Nev. 2009). “*255 Mandatory review of death sentences McConnell contends that the district court erred in rejecting his ineffective-assistance claim based on appellate counsel’s failure to argue that this court has not articulated any standards for its mandatory review of death sentences…”
Nunnery v. State, 263 P.3d 235 (Nev. 2011). “We then turn to the guilt-phase issues and, finally, conclude with our mandatory review of the death sentence under NRS 177.055(2). Penalty-phase claims Notice of evidence in aggravation under SCR 250(4) (f) In a case in which the death penalty is sought, the State is required…”
Leonard v. State, 17 P.3d 397 (Nev. 2001).
— Nev. Rev. Stat. § 177.055(2)(b) — 12 cases
Leslie v. Warden, 59 P.3d 440 (Nev. 2002).
Lane v. State, 881 P.2d 1358 (Nev. 1994).
Leslie v. State, 952 P.2d 966 (Nev. 1998).
Parker v. State, 849 P.2d 1062 (Nev. 1993).
Powell v. State, 838 P.2d 921 (Nev. 1992).
— Nev. Rev. Stat. § 177.055(2)(c) — 30 cases
Belcher, Jr. (norman) Vs. State (death Penalty-direct), 2020 NV 31 (Nev. 2020). “Mandatory review of death sentence NRS 177.055(2)(c)-(e) requires this court to determine whether the evidence supports the aggravating circumstances found; "[w]hether the sentence of death was imposed under the influence of passion, prejudice or any arbitrary facto?, and…”
Butler v. State, 102 P.3d 71 (Nev. 2004). “NRS 177.055(2) requires this court to review every death sentence and consider, among other things, whether it "was imposed under the influence of passion, prejudice or any arbitrary factor.”
Petrocelli v. State, 692 P.2d 503 (Nev. 1985).
Johnson v. State, 148 P.3d 767 (Nev. 2006).
Deutscher v. State, 601 P.2d 407 (Nev. 1979). “amendment right to silence was violated due to witness and prosecutorial misconduct; (6) prejudicial privileged and hearsay evidence should not have been admitted; (7) the trial court erred in its refusal to order a police officer to disclose his home address; (8) the evidence…”
— Nev. Rev. Stat. § 177.055(2)(d) — 39 cases
State v. Bland, 958 S.W.2d 651 (Tenn. 1997). “Nev.Rev.Stat. § 177.055(2)(d); New Hampshire, N.”
Dennis v. State, 13 P.3d 434 (Nev. 2000).
Hollaway v. State, 6 P.3d 987 (Nev. 2000). “The district court clerk sent this court the record on appeal, pursuant to NRS 177.055(1). Pursuant to this court's order, the district court appointed counsel to represent Hollaway in this appeal.”
Servin v. State, 32 P.3d 1277 (Nev. 2001). “After a mandatory review of the death sentence pursuant to NRS 177.055(2), however, we conclude that the imposition of the death penalty is excessive, and vacate the sentence and impose two consecutive terms of life in prison without the possibility of parole.”
Blake v. State, 121 P.3d 567 (Nev. 2005). “Mandatory statutory review of the death penalty NRS 177.055(2) requires this court to review every death sentence and independently consider: *581 (c) Whether the evidence supports the finding of an aggravating circumstance or circumstances; (d) Whether the sentence of death was…”
— Nev. Rev. Stat. § 177.055(2)(e) — 4 cases
Butler v. State, 102 P.3d 71 (Nev. 2004). “NRS 177.055(2) requires this court to review every death sentence and consider, among other things, whether it "was imposed under the influence of passion, prejudice or any arbitrary factor.”
Thomas v. State, 83 P.3d 818 (Nev. 2004).
Harte (shawn) Vs. State, 2016 NV 40 (Nev. 2016).
Harte (shawn) Vs. State, 2016 NV 40 (Nev. 2016).
— Nev. Rev. Stat. § 177.055(3) — 3 cases
Hollaway v. State, 6 P.3d 987 (Nev. 2000). “The district court clerk sent this court the record on appeal, pursuant to NRS 177.055(1). Pursuant to this court's order, the district court appointed counsel to represent Hollaway in this appeal.”
Johnson v. State, 59 P.3d 450 (Nev. 2002).
Biondi v. State, 699 P.2d 1062 (Nev. 1985).
— Nev. Rev. Stat. § 177.055(3)(b)(1) — 2 cases
Lord v. State, 806 P.2d 548 (Nev. 1991).
Lane v. State, 956 P.2d 88 (Nev. 1998).
— Nev. Rev. Stat. § 177.055(3)(b)(l) — 1 case
Lord v. State, 806 P.2d 548 (Nev. 1991).
— Nev. Rev. Stat. § 177.055(3)(c) — 6 cases
Servin v. State, 32 P.3d 1277 (Nev. 2001). “After a mandatory review of the death sentence pursuant to NRS 177.055(2), however, we conclude that the imposition of the death penalty is excessive, and vacate the sentence and impose two consecutive terms of life in prison without the possibility of parole.”
Johnson v. State, 59 P.3d 450 (Nev. 2002).
Moran v. State, 734 P.2d 712 (Nev. 1987).
Smith v. State, 953 P.2d 264 (Nev. 1998).
Biondi v. State, 699 P.2d 1062 (Nev. 1985).
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