Nevada Revised Statutes
Nev. Rev. Stat. § 177.265 (2026)
Determination of appeal
✓ current as of July 2026
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NRS 177.265 Determination of appeal. 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 may reverse, affirm, or modify the
judgment appealed from, and may, if necessary or proper, order a new trial.
(Added to NRS by 1967, 1447; A 2013, 1761)
Notes of Decisions
Cited in 5
cases, 1971–2015 · leading case: Hern v. State, 635 P.2d 278 (Nev. 1981).
Hern v. State, 635 P.2d 278 (Nev. 1981). “Appellant contends that there was no evidence introduced at trial to establish that Curtis’ death was a result of a willfull, deliberate, and premeditated act on his part, as required by NRS 200.”
Zessman v. State, 573 P.2d 1174 (Nev. 1978). “*34 Accordingly, as a consequence of the due process deprivation, coupled with the express request of the State, 6 appellants’ convictions must be modified to second degree murder pursuant to NRS 177.265. Compare, People v. Ford, 416 P.”
Holbrook v. State, 518 P.2d 1242 (Nev. 1974). “NRS 177.265; Spillers v. State, 84 Nev. 23, 31 , 436 P.”
State v. Dist. Ct. (Roose) (Nev. 2015). “4 The State argues that the district court arbitrarily and capriciously exercised its discretion by barring retrial of Roose when it concluded that a new trial was not necessary and proper pursuant to NRS 177.265 (providing that "Mlle appellate court of competent jurisdiction .”
Peoples v. Warden, 491 P.2d 719 (Nev. 1971). “Under our powers provided by NRS 177.265, I would modify the judgment to life with possibility of parole.”
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