Nevada Revised Statutes
Nev. Rev. Stat. § 178.4871 (2026)
Postconviction petitioner for habeas corpus: Limitations on release
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NRS 178.4871 Postconviction petitioner for habeas corpus: Limitations on
release. A person who has filed a
postconviction petition for habeas corpus challenging a judgment of conviction
or sentence:
1. Must not in any case be released on the person’s own recognizance.
2. Must not be admitted to bail pending a review of the petition unless:
(a) The petition is filed in the proper jurisdiction;
(b) The petition presents substantial questions of law or fact and does not appear to be barred procedurally;
(c) The petitioner has made out a clear case on the merits; and
(d) There are exceptional circumstances deserving of special treatment in the interests of justice.
(Added to NRS by 1987, 1232; A 1991, 91; 2023, 1638)
Notes of Decisions
Cited in 1
case, 2004–2004 · leading case: Bergna v. State, 102 P.3d 549 (Nev. 2004).
Bergna v. State, 102 P.3d 549 (Nev. 2004). “6 Although NRS 178.4871 and 178.4873 specifically address conditions under which a petitioner pursuing a post-conviction writ of habeas corpus may be released on bail, they also clearly evince a legislative intent to permit bail following a conviction.”
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